Estate Matters in Singapore: Affidavits, Declarations and Commissioning After a Death

When a person dies in Singapore, someone must obtain legal authority to deal with the estate. If there is a valid will, the executor applies for a grant of probate. If there is no will, a family member applies for letters of administration. The application is made to the Family Justice Courts, and it is supported by documents that must be sworn or affirmed, such as an affidavit verifying the application and, in some cases, affidavits about the deceased’s assets or the identity of beneficiaries.

Those affidavits are sworn or affirmed before a Commissioner for Oaths. In practice the lawyer preparing the application drafts the affidavit, arranges for the applicant to attend a commissioner, often within the same firm, and files the sworn document with the court. The commissioner’s role is to confirm the applicant’s identity, administer the oath or affirmation, and mark any exhibits.

The applicant usually swears or affirms that the contents of the application are true, that the will is the last will of the deceased (in a probate application), or that the deceased died without a will and that the applicant is entitled to apply (in an administration application). Beneficiaries may be asked to sign consents or renunciations, which are also commonly witnessed or affirmed.

Where the deceased held assets in more than one name, or where records contain differences in the spelling of a name, an affidavit explaining the discrepancy is often required. Banks, insurers and the Central Provident Fund Board may also request statutory declarations from next of kin for their own purposes. Each of these is a Commissioner for Oaths matter, provided the document is for use in Singapore.

• Affidavit verifying the probate or administration application.
• Affidavit explaining a name discrepancy across records.
• Consents or renunciations by beneficiaries.
• Statutory declarations requested by banks, insurers or agencies.

Estates frequently cross borders. A deceased resident of Singapore may have had property, bank accounts or shares abroad; a foreign national who died in Singapore may have family and assets in another country; beneficiaries may live overseas. In those cases, documents from Singapore, such as a certified copy of a grant of probate, an affidavit for a foreign court, or a power of attorney appointing someone to deal with an overseas asset, need to be notarised and then apostilled or legalised for the destination country.

The reverse also occurs. A grant obtained in another country may need to be recognised in Singapore. Foreign grants from certain jurisdictions can be resealed in Singapore; others require a fresh application. Either way the foreign documents are usually authenticated in the issuing country, not by a Singapore notary. Ask the lawyer handling the estate which route applies.

Singapore death certificates and extracts are issued by the relevant registry, and their authentication for overseas use may be possible directly through the Singapore Academy of Law without a notarial step, depending on the document type. For a foreign asset holder that requires a certified copy of a death certificate, a Notary Public can certify a copy if the original is presented. Ask the foreign organisation which form it needs, and check SAL’s guidance on direct authentication before paying for a notarial certificate.

Estate paperwork arrives at a difficult time, and the number of documents can be overwhelming. A few habits keep it manageable. Keep every original, including the death certificate, the will, identity documents and account statements, in one folder. Ask each organisation for its requirement in writing before arranging any appointment. Let the lawyer coordinate commissioning where possible, since the affidavits are drafted by the lawyer and are easier to complete in one sitting.

For overseas items, tell the notary’s office the destination country and the organisation that has asked for the document, so the correct chain can be planned. Where several family members must sign, ask whether they can attend separately; grieving relatives in different countries can rarely gather at one appointment.

The Commissioner for Oaths or Notary Public will not tell you who is entitled to the estate, whether a will is valid, how to deal with a dispute among family members, or what tax may apply. Those are questions for a lawyer, and in some cases for the court. Treat the appointment as one step in a process that a lawyer is guiding, and use these guides to understand that step rather than as a substitute for advice.