Deed of Separation
30 Years of Trusted Family Law
30 Years of Trusted Family Law
A deed of separation is a legally binding written agreement for a married couple to formalise the terms of their separation without filing for an immediate divorce.
If you and your spouse have decided to live apart but are not ready for a divorce, a Deed of Separation can provide a clear and legally binding agreement for your future. This document formally outlines the terms of your separation, protecting your interests and providing a structured arrangement for your family’s needs without the finality of a divorce.
A Deed of Separation is a formal alternative to an immediate divorce. It’s often chosen by couples who:
Our lawyers will help you negotiate and draft a comprehensive Deed of Separation that addresses all key areas, including:
Yes. A properly drafted Deed of Separation is a legally binding contract. While it does not dissolve the marriage, its terms can be submitted to the court during future divorce proceedings, which is often accepted if the terms are fair and reasonable.
Our team is dedicated to helping families navigate difficult times with professionalism and care. We pride ourselves on providing clear, strategic advice and a reliable, trustworthy service.
Recognised as a Top Firm: Our lawyers are consistently recognised as leading Singapore family lawyers by legal publications such as The Straits Times, Benchmark Litigation, Asian Legal Business, and Doyle’s Guide.
If you are considering a separation, it is crucial to have a professional legal document that protects your interests. Contact us for a confidential, no-obligation consultation to discuss your options.
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What is the difference between a Grant of Probate and Letters of Administration?
A Grant of Probate is issued when the deceased left behind a valid Will. The executor named in the Will applies for this Grant, which authorises them to collect the deceased’s assets, pay debts, and distribute the estate according to the Will.
By contrast, Letters of Administration (LOA) are required when the deceased passed away without a valid Will. The Court appoints an administrator—usually a spouse or close family member—to manage and distribute the estate. Distribution must follow the Intestate Succession Act (for non-Muslims) or Muslim inheritance laws.
The main difference lies in whether a Will exists: Probate follows the deceased’s wishes, while Administration follows statutory rules.
How much does probate or letters of administration cost in Singapore?
For very simple estates, probate fees in Singapore may start from about $1,500. Estates with higher values or multiple assets usually involve higher fees.
PKWA Law offers fixed-fee probate packages with pricing confirmed upfront, giving you clarity and certainty from the start.
Click here to view our affordable fixed-fee probate packages.
Who can apply for Letters of Administration?
When there is no Will, the right to apply follows a strict legal order: spouse, children, parents, siblings, nephews/nieces, grandparents, and then aunts/uncles.
If a person higher in priority does not wish to act, they must renounce their right in writing. In practice, the spouse or eldest child commonly applies.
Administrators have a fiduciary duty to act in the best interests of all beneficiaries. If there are minor beneficiaries, the Court may also require sureties (guarantors) to safeguard the estate.
How long does the probate process take?
For most straightforward cases, a Grant of Probate or Letter of Administration can usually be obtained within 1 to 2 months.
However, the process may take longer if:
Experienced probate lawyers help avoid unnecessary delays by ensuring compliance with procedural and statutory requirements.
Do all estates require a Grant of Probate or Letter of Administration?
No. Some estates bypass probate entirely:
A Grant is typically required for sole-owned property, bank accounts, investments, vehicles, and business assets.
What is resealing of a foreign Grant of Probate and when is it needed?
If the deceased had assets in Singapore but the main Grant of Probate or LOA was issued overseas, the foreign Grant must often be resealed by the Singapore High Court before it is recognised locally.
Resealing is available for Grants from Commonwealth countries and Hong Kong. Once resealed, executors can manage Singapore assets without starting the process afresh. If the Grant is from a non-Commonwealth country, a fresh application in Singapore may be required.
Resealing usually takes 2–3 months if documents are in order. It is advisable to engage a lawyer to ensure compliance with Singapore’s procedural rules.
What must an executor or administrator do after receiving the Grant of Probate or Letter of Administration?
Once an executor (for a Grant of Probate) or an administrator (for a Grant of Letters of Administration) receives the court order, their legal duties begin immediately. In Singapore, they are legally responsible for collecting, managing, and distributing the estate according to the will (if one exists) or the Intestate Succession Act (if no will exists).
Here’s a clear breakdown of what they must do:
1. Secure and safeguard the estate
2. Identify and collect all assets
3. Settle debts and liabilities
4. Prepare an estate account
5. Distribute assets
6. Deal with disputes (if any)
7. Close the estate account
Legal responsibility: Executors and administrators owe a fiduciary duty to act in the best interests of the beneficiaries. Mismanagement, delays, or self-dealing can expose them to personal liability and even legal action.
How are assets distributed if there is no Will?
Where there is no will, section 7 of the Intestate Succession Act governs distribution of the assets. For example:
This statutory distribution applies strictly – the deceased’s personal wishes cannot be taken into account without a will.
Can a Will or Grant be contested?
Yes. If someone believes a Will is invalid due to undue influence, fraud, or lack of mental capacity, they may file a caveat to block the issuance of probate. If probate has already been granted, challenges must be brought within six months, unless exceptional circumstances apply.
The Court can also remove executors or administrators who fail in their duties. Estate disputes are often complex and may involve mediation or litigation.
Probate: What happens to CPF savings when someone dies in Singapore?
CPF savings (Ordinary, Special, MediSave, and Retirement Accounts, plus accrued interest) are not part of a person’s estate and do not go through probate.
Other important points to note:
Probate: What happens to CPF money that were used to buy property when someone dies?
CPF for Property (HDB Flats & Private Homes)
When CPF funds are used to pay for a property, the amount and its accrued interest do not need to be returned to the deceased’s CPF account. This is a crucial point that helps protect surviving family members.
Summary: On death, if CPF money was used for property purchase, there is no refund back to CPF. Instead, the property (or its sale proceeds) is distributed under the will (if there is one) or the intestacy rules, and you will require to obtain a Grant of Probate or Grant of Letters of Administration.
Other important points:
What is the probate process in Singapore?
The probate process in Singapore usually involves:
What does a probate lawyer in Singapore do?
What happens to an HDB flat if the owner dies without a Will?
If the HDB flat was held under Joint Tenancy, the surviving owner usually takes full ownership through the “Right of Survivorship.” If held under Tenancy-in-Common or by a sole owner, the flat becomes part of the estate. You will need to obtain Letters of Administration to manage or sell the flat, and the new owners must still meet HDB’s eligibility criteria (e.g., citizenship and age).
Can an Executor be held personally liable for mistakes?
Yes. Executors and Administrators have a “fiduciary duty” to act in the best interests of the beneficiaries and settle all debts and taxes before distributing assets. If an estate is mismanaged or assets are distributed incorrectly, the Executor can be held personally liable. This is why many families engage a professional probate lawyer to ensure the process is legally sound.
How much does probate cost if the estate is contested?
Our fixed-fee packages apply to non-contentious (uncontested) probate. If a family member contests the Will or objects to the appointment of an administrator, the matter becomes a legal dispute. We provide a separate fee structure for probate litigation in such cases.
Do I need a lawyer if the estate is very small?
If the total value of the estate is $50,000 or less, you may be able to apply to the Public Trustee for assistance. However, for estates involving HDB flats, private property, or values exceeding $50,000, a formal Grant from the Family Justice Courts is required.
What happens if I cannot find the original Will? Can probate still proceed?
If the original Will is lost but a copy exists, probate can still proceed, although additional steps are required.
In Singapore, when the original will is missing, the court starts from the assumption that the will may have been revoked. This does not automatically invalidate the will. The executor can still apply for probate by showing that the will was lost accidentally and not intentionally destroyed.
The court will usually require:
If the court is satisfied, the Family Justice Courts may grant probate using a copy of the will.
If the court is not satisfied, the estate will be treated as intestate, and distributed under intestacy laws. This means the probate will proceed as though there was no will.
Because lost-will cases involve higher evidentiary requirements and stricter scrutiny, early legal advice can significantly improve the chances of a successful outcome.
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