What is a "Grant of Probate" ?

Question

I am an Indian, and so was my father, and he had some assets in Singapore. He passed away in India without leaving a will. The concerned authorities have asked for something known as "Grant of Probate" which I am not sure if it can be done in my country. Kindly advice the meaning of this and also if anyone can give me more advice...Thanks

Answer 1

It is authority for the executors of a will to carry on with the task of dealing with the estate of a deceased person. To grant probate, the relevant department must be satisfied of the genuineness of the will presented to them by the executors.

Where there is no valid will, letters of administration are applied for by the next of kin.

Edit: Having seen your additional explanation, I have found an Indian link and suggest you might like to ask on that. http://www.helplinelaw.com/docs/main.php... I see that what we call letters of administration in the UK is known as succession certificate in India.

Answer 2

What are the responsibilities of the probate registries?  

They are responsible for making sure that an applicant is entitled to be given a grant and that any will produced appears to be properly made.

If there is any doubt as to whether the will left by the deceased is valid or where it appears a will had been altered or amended they may wish to interview one of the witnesses.

Please note that the responsibility of the probate registry ends when the grant is issued.

The Probate Registry is unable to assist you in dealing with the estate after that.

Why is a grant necessary?  

Organisations holding money in the deceased's name need to know to whom that money should be paid and the grant is proof that the person named in it may collect the money.

The estate left when a person dies passes to the people named in his or her will. If there is no valid will it passes on to his or her next of kin.

The distribution of the estate to the correct people is the responsibility of the person named in the grant.

The grant is proof to anyone wishing to see it that the person named in it is entitled to collect in and distribute the estate.

Is a grant always needed?  

Sometimes a grant is not needed and you may wish to ask anyone holding the deceased's money whether they will release it to you without seeing a grant. If they agree they may attach conditions. It is for you to decide which is the cheaper or easier option.

These are organisations that may release the money to you without a grant, if the amount held is small and there are no complications. Among these are insurance companies and building societies

You will not usually need a grant when a house is held in joint names and it is clear that the house automatically becomes the property of the surviving owner.

If you are in doubt on this point you may need to ask a solicitor whether a grant is needed to change the ownership.

You will need a grant to transfer or sell a property held only in the deceased's name.

Do not advertise any house for sale too soon after the owner's death, as a sale cannot be completed until you have obtained the grant. The date of issue of the grant cannot be guaranteed to coincide with the final stages of any sale.