How To Transfer Car Ownership After Someone Passes Away In Singapore
Published by Bonsai Law
When people pass away, they usually leave behind various assets such as monies in their bank accounts, insurance policies, physical property and motor vehicle(s). If your loved one has passed away leaving behind his/her motor vehicle that was registered under his/her name, you may wonder what is necessary to handle the deceased’s motor vehicle properly.
The first step is to find
out whether you even have a right to handle the deceased’s motor vehicle.
If The Deceased Wrote A Will
Did the deceased leave behind a valid Will? If so, and if you are the executor or one of the executors named in the Will, it is necessary to make an application for a Grant of Probate from the Singapore court. This legal document gives you the legal right to handle and distribute the assets of the deceased.
If The Deceased Did Not Write A Will
In this case, it will be necessary to obtain a Grant of Letters of Administration. If you are one of the lawful beneficiaries according to the order under Singapore’s Intestate Succession Act, you will be able to apply to extract a Grant of Letters of Administration from the court. Similar to the Grant of Probate, this legal document shows that you are the lawful administrator of the deceased person’s estate, and given the right to handle and distribute the deceased's assets.
In short, you will need
to obtain either a Grant of Probate or a Grant of Letters of Administration in order to handle the deceased's motor vehicle. Depending on the contents of the Will or intestacy law, the motor vehicle may be transferred to an appropriate beneficiary or sold off so the proceeds can be distributed.
Things To Take Note Of With Respect To A Deceased's Motor Vehicle
Vehicle Loan
If there is an outstanding loan on the motor vehicle, you will not be able to transfer ownership of the vehicle until the loan has been settled. Any outstanding loans at the time of the death of the deceased will be paid out of the estate, or if previously funded by a joint account, the other account holder will be liable for the loan.
Hire Purchase
If the vehicle is on hire purchase, and there is an outstanding loan remaining, then the vehicle rightfully belongs to the hire-purchase company. The personal representative of the deceased will have to decide whether to return the vehicle to the hire-purchase company or to take over the ownership of the vehicle.
Length Of Time To Extract A Grant Of Probate Or Letters Of Administration
Depending on the complexity of the estate of the deceased, the Grant of Probate or Letters of Administration can take many months to extract.
In certain instances, the personal representative of the estate may need to transfer / sell the motor vehicle on an urgent basis. Generally, in these situations, the Land Transport Authority (LTA) is willing to consider allowing the transfer of the motor vehicle upon receiving certain documents from the lawyer/law firm handling the application for the Grant of Probate or Letters of Administration:-
- An undertaking letter from the lawyer stating that a copy of the Grant of Probate or Grant of Letters of Administration will be sent to LTA once it has been extracted by the Court.
- A certified copy of the Ex-Parte Originating Summons for the Grant of Probate or Grant of Letters of Administration.
- An indemnity letter from the personal representative of the estate which has to be witnessed by the lawyer stating the the personal representative of the estate undertakes to indemnify the LTA against any claims whatsover arising from or in connection with the transfer of the motor vehicle registration.
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We can assist you with obtaining a Grant of Probate or a Grant of Letters of Administration. Just
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up with you regarding your matter.
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