Probate and Administration of Estates

This involves matters that take place after death which involves advising the legal personal representatives as to how to look after the deceased’s property [known as the Estate]. Again the type of advice to be given will depend on whether the Deceased made a Will or not.

The Will would usually provide for the appointment of certain persons as Executors and Trustees to administer the Estate according to the Deceased’s wishes. If the Deceased did not make a Will, an Administrator(s) will have to be appointed by the Court to administer the Estate. The Administrator will usually be the spouse or one of the next-of-kin of the Deceased, i.e. a beneficiary under the rules of distribution as governed by the Intestate Succession Act (Cap. 146) (for non-Muslims) or by Muslim law (for Muslims).