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Distributing a Deceased's Property
With a Will, how is the deceased's property distributed? ?
It will be distributed according to the will.
Without a Will, how is the deceased's property distributed?
Without a Will, the Law will decide on who shall inherit the assets as follows:-
| Surviving Parties |
Manner of Distribution |
| Spouse only |
Spouse entitle to whole of the deceased's property |
| Parents only |
Parents entitle to whole of the deceased's property |
| Issues only |
Issues entitle to whole of the deceased's property |
| Spouse and Parents only |
Spouse (1/2 share) & Parents (1/2 share) |
| Spouse and Issues only |
Spouse (1/3 share) & Issues (2/3 share) |
| Parents and Issues only |
Parents (1/3 share) & Issues (2/3 share) |
| All Spouse, Parents & Issues |
Spouse (1/4 share), Parents (1/4 share), Issues (1/2) |
Note: Issues refer to children and grandchilren.
How can family members or lawful beneficiaries inherit deceased's property?
If a person die with a Will, engage a lawyer to apply grant of Probate from the High Court
If a person die without a Will, engage a lawyer to apply for Letter of Adminsitration (LA) from the High Court or a distribution order from the Land Office.
What are the documents needed for the application of Probate or Letter of Administration?
Kindly click HERE to download the checklist.
How long does it take for the application?
The actual time needed for may vary in each and every single case depending on the following factors: 1. The date of hearing granted by the court ( whether its early or late ) 2. The complexity of the case.
Generally, application of probate takes about 6 - 9 months to be completed, whereas application of Letter of Administration takes 9 - 12 months.
Why should the estate be distributed as soon as possible?
1. To make sure that all the lawful beneficiaries enjoy the estate soonest possible.
2. To minimize the risk where one or more beneficiaries pass away and make the administration process becomes more complicated and lengthy.
3. To simplify the process of administration and save the costs of administration.
4. To avoid the savings/EPF of the deceased from being transferred to Registrar of Unclaimed Monies.
For Further Information & Inquiries
Please obtain legal advice or Consult Our Panel Lawyers.
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