Managing Deceased Estates Between Australia and Singapore

At Robertson Hayles Lawyers in Perth, we have many years of experience providing probate services for deceased estates with assets across Australia and Singapore. We regularly assist Singapore-based families and legal practices in securing grants of probate or letters of administration in Western Australia. Likewise, we help Australian families manage estate matters extending to Singapore and other international jurisdictions.

Australia-Singapore Connections: A Strong Connection

Singapore and Australia have for many decades shared a strong economic and personal connection. Many Singapore residents hold Australian assets—such as real estate, bank accounts, or business interests. Similarly, Singapore-born residents in Australia often retain assets in their previous home country, including Housing and Development Board (HDB) flats, private properties, bank accounts or Central Provident Fund (CPF) accounts. Many Australians also work and establish a home in Singapore. This connection results in cross-border probate matters when an individual passes away, requiring families to navigate both Singaporean and Australian legal systems to manage the deceased’s assets.

Fortunately, as both countries share roots in the English common law, their legal systems align in many ways, creating a relatively smooth process for handling cross-border estates.

Resealing Probate Grants: How It Works in Australia and Singapore

In Singapore: An Australian grant of probate (from any Australian state or territory) can be resealed in Singapore if the application in Australia had properly set out the deceased’s assets in Singapore. Resealing is generally faster than filing a new application, allowing the executor or administrator to obtain the necessary authority to manage the deceased estate in Singapore by submitting the existing Australian grant in the Singapore court.

In Australia: Unfortunately, not all Australian states, including Western Australia, allow the resealing of a grant issued by the Singapore court. In most cases, this means a fresh application for probate or letters of administration must be filed in the relevant Australian state or territory.

Navigating Australia’s Probate Requirements

In Australia, each of the six states and two self-governing territories has its own Supreme Court and probate laws. To gain authority over assets in each region, the executor must apply for probate or letters of administration in the Australian state or territory where the assets are held. For example, land held in multiple states necessitates grants from each relevant state. However, small bank deposits and low value shares and other assets may not require separate applications.

If the deceased held assets in Western Australia, we are able to assist Singaporean families with the required application. Assets might include a bank account, company shares, real estate, or personal items within WA. If assets exist across several Australian states or territories, we are able to coordinate applications across the country to ensure efficient estate management in each location.

Cross-Border Probate Services for Singapore-Australia Deceased Estates

We offer comprehensive support for both modest and substantial estates. It does not matter whether the deceased held a single bank account or a complex portfolio of assets. Our expertise extends to assisting Australian-based families to liaise with Singaporean lawyers to reseal the Australian grant or apply for a new grant in Singapore, as well as managing the distribution of Singapore-based assets to the beneficiaries.

Key Cross-Border Probate Considerations

When dealing with cross-border estates, careful planning is essential to address questions such as:

• Which jurisdiction (Australia or Singapore) should proceed with the probate application first for the benefit of the beneficiaries?
• Does Australian or Singaporean succession law apply to the estate?
• If the deceased did not have a will and died intestate, who qualifies as a beneficiary under the laws of each jurisdiction?
• Are there potential inheritance claims in either country?
• Are there tax implications affecting the estate?
• Are there Foreign Investment Review Board (FIRB) regulations impacting on the distribution of the Australian assets to foreign beneficiaries?

Cross-border probate is much like assembling a complex puzzle—each piece must fit carefully to ensure a smooth and efficient process.

How Robertson Hayles Lawyers Can Help

At Robertson Hayles Lawyers, our probate lawyers have extensive experience in international probate, including handling cross-border estates for families in Australia, Singapore and other international jurisdictions. When you appoint us, you work directly with a qualified Australian probate lawyer with a current practicing certificate, ensuring dedicated and expert management of your matter.

For professional assistance with a deceased estate that spans Australia and Singapore, or to discuss any queries regarding probate matters, contact us at (08) 9325 1700 or email enquiry@robertsonhayles.com.

Note: This content provides a general overview and does not constitute legal advice. Please consult a lawyer for advice specific to your circumstances.