Estate administration can be overwhelming, especially when dealing with challenges like missing Wills or unclear intentions. In such cases, appointing a professional corporate Executor becomes essential for managing the deceased’s assets effectively. In this article, Precepts Trustee Ltd (PTL) highlights the pivotal role of executors/administrators in estate administration, focusing on two areas: (1) Deciphering testamentary intentions and (2) Handling missing Wills.
1. Deciphering the intentions of a Will
LoremEven when a Will is present, its provisions may not always provide clear guidance on asset distribution. Ambiguities or conflicting clauses within the Will can lead to disputes among beneficiaries. Here, the Executor acts as a mediator and ensures that the deceased’s intentions are carried out as accurately as possible. This may involve seeking court guidance or obtaining affidavits from the Will drafter (if any) to clarify the testator’s wishes.
Case Study A:
Mr. A, a UK resident who died testate
Mr A’s Will stated that all of his jewellery that was segregated and packed in the safe deposit box at a bank was to be given to his granddaughter, and any of his jewellery that was not packed in the same safe deposit box was to be given to his grandson. However, upon opening of the safe deposit box, the items were packed into two packets and labelled respectively for his grandson and granddaughter. The items comprised valuable items other than the jewellery. His grandson claimed that the items other than the jewellery should belong to him. What do you think you would do if you are acting as the Executor of this case?
2. Dealing with a missing Wil
A missing Will can prolong the estate administration process. The Executor needs to facilitate the search for the missing Will. This may involve conducting a thorough investigation, liaising with legal professionals, and exploring alternative avenues to uncover the document.
Case Study B:
Navigating Estate Administration with a Lost Will
Mr. B, a Singapore resident, passed away with a Will outlining his estate in Singapore. The Will was immediately discharged by Mr. B after signing. However, the original Will was misplaced by Mr. B prior to his demise. As the Executor of Mr. B’s estate, PTL faced the challenge of administering the estate without the original Will.
If a Will is lost after the testator’s death but a copy or draft is produced, probate may be granted with that copy or draft. However, for probate to be granted based of the copy or draft is not simple due to several factors as follows:
- Complicated Procedure: Admitting a copy of the Will to probate involves additional legal steps and complexities compared to probating an original Will.
- Consent: PTL needs to obtain consent from the persons who would be prejudiced by this grant. For instance, the next-of-kin of the deceased under intestacy law (the Affected Parties).
- Statutory Declarations: To explain the circumstances surrounding the lost Will, PTL, along with the beneficiaries named in the Will and the Affected Parties, must execute statutory declarations to provide legal statements regarding the loss of the original Will and the authenticity of the copy or draft.
Despite the challenges posed by the lost Will, PTL must proceed with due diligence to ensure the proper administration of Mr. B’s estate. By adhering to legal procedures, obtaining necessary consents, and providing comprehensive explanations through statutory declarations, PTL can mitigate potential disputes and fulfil its duties as the Executor.
However, it is essential to recognise that the process may involve time, effort, and additional costs. In conclusion, the role of the Executor in estate administration cannot be overstated. By entrusting the estate to a professional corporate Executor, a deceased person’s legacy is in safe hands.
This article was first published in our newsletter, The Custodian Issue 30. Click here to access our latest newsletter