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Can a person be the executor of a deceased estate?

By Olivia Norman |

More often than not, a person is called upon to act as an executor once in their lifetime. It is a role with a high degree of responsibility attached to it. It is usually an unfamiliar role undertaken for no remuneration or reward in return. If you are the executor of a deceased estate, we recommend consulting a solicitor.

What happens to the estate of a person who has died?

You still have to include this money as part of the estate when you work out Inheritance Tax. If the person who died owned the whole of the home with another person (‘joint tenancy’), ownership passes to the other owner. Otherwise, their share goes to the beneficiary named in the will.

What happens if the executor of an estate fails to file for probate?

Any protracted delays in obtaining probate may result in the beneficiaries taking legal action to compel the executor to apply for probate or to deposit the Will with the Probate Registry so that another person who is legally entitled may apply in his or her place.

Can an executor of an estate be reimbursed?

If an executor chooses to do this then he/she is entitled to be reimbursed from the estate before any distribution is made to the beneficiaries.

Can a group of beneficiaries take on the role of executor?

An awkward situation may arise if the estate is being divided equally between a large number of beneficiaries as they all have an equal right to take on the executor’s role. However, for practical reasons it’s usual in this situation for the group of beneficiaries to select just 2 to deal with the probate and the estate administration.

How to manage the estate of a deceased person in Singapore?

If the total value of the estate of the deceased person exceeds S$3 million, the application has to be made to the High Court by yourself or with the assistance of a probate lawyer. Where the estate has less than $50,000 in value, you can apply for the Public Trustee Office to act for you.

When does the estate of a deceased person have to be reported?

The estate of a deceased person must be preferably reported to the Master of the High Court within 14 days of the date of death. The death is to be reported by any person having control or possession of any property or documents that is or intends to be a will of the deceased.

Can an executor of a will make changes to the will?

He can file a petition with the court contesting the will if he’s an heir-at-law, but you have no authority to make changes to the will. When beneficiaries or heirs contest the will, it’s never fun for the executor. However, it’s their right to do so, and you can’t stop them.

What to do if there is no money in the estate?

Where there are no funds in the estate to meet payment of debts, it may be necessary to seek an extension of time from the relevant creditors to pay the debt.