Administrators and Executors: Who, What and Why?

Executors and Administrators are people that take charge of the distribution of your assets after you are gone ¹. They need to accurately account for all your assets, pay your debts and liabilities and then distribute the residuary estate to your beneficiaries.

In the eyes of the law, both Administrator and Executors are considered personal legal representatives, and are responsible for administering your estate after you are gone.

Who to appoint to be an Executor and Administrator?

Executors and Administrators are similar, the main difference being that an Executor is appointed by your Will, while an Administrator is appointed by the Court.

• An Executor is appointed when you pass on with a Will.
• An Administrator is appointed when you pass on without a Will.

Executors and Administrators have to apply for different documents from the court upon your death.

• An Executor applies for a Grant of Probate.
• An Administrator applies for a Letters of Administration.

Your Executor gets their authority from your Will. Therefore, it is possible for them to represent your estate in legal matters even before they receive the Grant of Probate. Whereas, an Administrator can act on behalf of your estate only after receiving a Letters of Administration.

What do Executors and Administrators do?

• Executors

  Unless they are unable or unwilling to undertake the position, your Executor’s role takes effect on your passing, even before the Court grants him authority. They are appointed by your Will and must read and understand your Will. They should make the funeral arrangements as instructed by you in your Will. They then need to obtain and gather all the relevant documents to apply for a Grant of Probate.

• Administrators

  In contrast, the Administrator is appointed by the Courts and must also gather all relevant documents to apply for a Letters of Administration.

From this point forward, the duties and powers of both Executor and Administrator are essentially the same.

To deal with your estate they would first need to prepare an accurate list of all your estate assets and pay off any debts and liabilities that remain ². If your estate is solvent, which is when the estate has more assets than liabilities or debts, they can use the assets to pay off these debts and taxes ³. However, if your estate is insolvent, which is the case when your debts and liabilities exceed your estate assets, your Executor or Administrator will need to arrange repayment of the estate’s debts, known as the administration of the estate ⁴. This may involve reviewing bank statements and financial statements to determine the deceased’s assets and liabilities, including those held in financial institutions such as banks, trust companies, and credit unions.

Importantly, both Executors and Administrators have the power of sale over your assets. They need to take all reasonable steps to fulfil your debts before they can begin to distribute a deceased person’s estate according to the Intestate Succession Act, and can exercise the power of sale to sell off some of the deceased’s assets to fulfil those debts where necessary. This process also involves handling and submitting necessary court documents, which can be done by the Executor or Administrator themselves or with the assistance of a lawyer. In the case of intestacy, the Administrator will be responsible for managing and distributing the deceased’s assets and estate.

Executors and Administrators have an obligation to act in the best interest of your estate, and to carry on their role honestly and impartially. This is known as a fiduciary obligation.

Who can be my Executor or Administrator?

Your Executor can be any individual chosen by you who is at least 21 years old and of sound mind. The age of the Executor is assessed only after the Will comes into effect; that is upon your death. Therefore, children can be appointed as your Executor. If they reach the age of 21 by the time your Will comes into effect they can take up the role of the Executor. If not, until they reach that age, a guardian or any individual from the next of kin may be appointed by the Court in accordance with the Probate and Administration Act ⁵. If the child is 16 years old, they may appoint a next of kin until they reach the age of 21 years old.

Your Executor can be a witness to your Will ⁶, provided that his or her spouse is not a beneficiary. Your Executor can also be a beneficiary under a valid Will and has a fiduciary duty to carry out the instructions of the person who made the Will (i.e. the testator) in a diligent and honest manner. Although it is worth taking into account whether you would want someone who has a personal interest in how your property is distributed to be in charge of the distribution of your last Will.

While your Executor can be a witness or beneficiary to your Will, they cannot be both. The law states that any individual who is a witness to your Will cannot have a beneficial interest in your Will. If an asset in your Will is left for a witness or their spouse, it doesn’t affect the validity of the Will and the witness will still remain a credible witness but the gift to the witness will be invalidated ⁷.

If you die without a Will, or “Intestate”, the Court will step in and appoint an Administrator by issuing a Letters of Administration.

According to Singapore law, there are classes of people who can apply for the grant of Letters of Administration. The classes are: your spouse, your children, your parents, your brothers and sisters, your nephews and nieces, your grandparents and uncles and aunts; listed in order of priority. Although any one from these seven classes can apply for a grant, those who rank higher in these seven classes are given preference. Anybody from a lower priority class can apply if they get the renunciation and consent of those higher in priority.

For example,

_Your spouse would get preference over your niece but if your spouse renounces his or her right to apply for the Letters of Administration and consents to your niece applying for a Letters of Administration, it will be accepted by the Court. _

In cases where there is no will, any member of the seven classes can apply to become the Executor or Administrator of the deceased’s estate, but it is recommended to seek legal advice for guidance on the application process. Additionally, if you are not satisfied with a decision made by the Court, you may file an appeal with the Family Justice Courts. This is an important aspect to consider when choosing an Executor or Administrator for your estate.

Can’t quite seem to visualise or understand what these “seven classes” are and how they work? Not to worry, we discuss all of it in our Probate or Letters of Administration - A “What Do I Do” Guide article here [Infographic included]. Furthermore, to provide a visual breakdown, we’ve included diagrams illustrating the “seven classes” outlined in the Intestate Succession Act for an easier understanding.

Can an Executor or an Administrator be removed?

There are two grounds based on which an Executor or an Administrator can be disqualified:

• Bankruptcy

  Any individual who is bankrupt is disqualified ⁸ from being appointed or acting as a personal representative unless they have permission from the Court.

• Lunacy

  If a person suffering from lunacy has been appointed as your Executor, they will not be eligible to manage your estate. Instead, they will be considered unfit to manage their own assets as well, and the Court will appoint someone to take charge of their assets. The person that is appointed by the court will also take up your Executor’s role in managing your estate.

  Under Singapore law, the appointment of the person responsible for managing the affairs of any person who is suffering from lunacy is assigned to a committee by the Court ⁹. Upon the committee appointing such a person, Letters of Administration for your estate will be issued by the Court to them. This appointment lasts until your Executor is determined fit to administer your estate ¹⁰ (i.e. not suffering from lunacy), after which the grant reverts back to the Executor, and they will resume the duties of managing your estate.

Along with the possibility of being disqualified, any individual that you name as an Executor is also allowed to voluntarily renounce their duty and their right to obtain probate for your estate. If this happens, the Court will have to appoint an Administrator.

What to consider before appointing an Executor

Ideally, your Executor should be someone younger than you. If your Executor dies without completing the administration of your estate (and he is the only Executor you have appointed), the Executor of his estate will step into his role as the Executor of your estate. This will prove difficult because your Executor’s Executor will not understand your estate and the circumstances of your beneficiaries.

To prevent situations like these, you can appoint a substitute Executor. This means that you will first appoint your preferred Executor, but in the event that that person is unable or unwilling to act as Executor, a different person (a substitute) can step in. WillCraft allows you to name a substitute Executor to ensure that your original Will is executed by someone that you have chosen.

With WillCraft, you can also appoint up to 4 Executors, who may act jointly. The ability to provide a substitute Executor and up to 4 Executors to work together allows for different combinations. Additionally, you can select a substitute if one of the Executors is unwilling or unable to perform their duties. However, it may not be wise to appoint multiple co-Executors since it can lead to disagreements and power struggles between them.

You should remember to ask your Executor before you appoint them. An Executor can be held personally liable in matters relating to your estate, so consider carefully if you want a close relative taking up this role.

The flexibility in the current system allows you to name anyone as long as the basic qualifications are fulfilled, so consider choosing someone who knows and understands your assets and the beneficiaries that you intend to pass on your assets to.

Naming an Executor is essential because through this process you retain control over who gives effect to your wishes. When you pick an Executor, you can pick someone who understands your assets and the manner in which you want them to be distributed. It is also important to expressly state in your Will who you would like to appoint, whether it be a trusted family member, a professional executor such as a lawyer, law firm, or accountant, or a combination of both. Our user-friendly platform is designed to help you easily customise your own Will, giving you that option. We also offer the convenience of having our own team of lawyers review and witness your Will.

To ensure the person you want obtains the authority to administer your estate, your Will should be clear and precise. WillCraft can help by ensuring that proper identifiers are used when you name your Executor such as their address and their NRIC along with their passport number.

We understand that making a Will can be overwhelming. WillCraft’s services provide a simple and inexpensive solution to this problem. Our service is full featured and covers up to 10 million Will permutations. WillCraft empowers you to create a Will that reflects your unique needs and preferences, all in the comfort of your own home.

With WillCraft, you can get everything done in a single sitting, making us your one-stop shop for all your needs.

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Conclusion

If you are considering making a Will, it is important to familiarise yourself with the probate process and the roles and duties of an Executor. This will help ensure that your estate is properly managed and distributed according to your wishes after your passing.

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Discover how your Will can be tailored to meet your specific needs and preferences on our platform. Explore our Packages and Pricing page, where we offer transparent options for different services, all with flat fees and no hidden costs. Additionally, find answers to your most pressing questions on our FAQs page.

Our platform checks for formal legal validity automatically. In addition, we include lawyers in the process to ensure that your Will is legally sound.

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Frequently Asked Questions

Who is best to be an Executor of a Will?

The best person to be an Executor of a Will is someone who is trustworthy, organised, responsible, and capable of handling the duties involved. Executors are tasked with carrying out the wishes outlined in the Will, which may include distributing assets, settling debts, and handling any legal matters related to the estate. It is common for people to choose a family member or close friend as their Executor, but some individuals opt for a professional Executor or trustee, such as a lawyer or a financial institution, especially if the estate is complex or there may be potential conflicts among beneficiaries. Ultimately, the best choice for an Executor will depend on the specific circumstances of the estate and the relationships involved.

Can an Executor be witness to a Will in Singapore?

Yes. In Singapore, the Executor of a Will can also act as a witness to the signing of the Will. It will also be good to note that while your Executor can be a witness or beneficiary to your Will, they cannot be both. The law states that any individual who is a witness to your Will cannot have a beneficial interest in your Will.

Can the beneficiary be the Executor of a Will?

Yes. A beneficiary can also be named as the Executor of a Will in Singapore. The Executor is responsible for carrying out the wishes stated in the Will, including distributing assets to the beneficiaries. However, it’s important to note that being an Executor comes with legal responsibilities and duties, so it’s essential to carefully consider whether the beneficiary is willing and able to fulfil this role effectively.

What are the powers of an Executor of a Will in Singapore?

In Singapore, an Executor of a Will has several important powers and responsibilities, including:

1. Managing the deceased’s estate: The Executor is responsible for managing and distributing the assets of the deceased according to the terms of the Will.
2. Applying for a Grant of Probate: The Executor must apply for a Grant of Probate from the Court, which gives them the legal authority to administer the estate.
3. Paying debts and taxes: The Executor is responsible for settling any outstanding debts and taxes owed by the deceased from the estate’s assets.
4. Distributing assets: Once debts and taxes are settled, the Executor distributes the remaining assets to the beneficiaries as outlined in the Will.
5. Making legal decisions: The Executor may need to make legal decisions on behalf of the estate, such as selling property or investments.
6. Keeping accurate records: It is crucial for the Executor to keep detailed records of all financial transactions and communications related to the estate.

Overall, an Executor plays a critical role in ensuring that the wishes of the deceased are carried out effectively and that their estate is managed and distributed appropriately.