PROBATE AND ADMINISTRATION (AMENDMENT) BILL

Order for Second Reading read.

3.11 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

After Singapore became a sovereign Republic, independent of Malaysia, certain amendments have become necessary to the Probate and Administration Ordinance, and these are contained in clauses 2, 3, 4, 6, 7, 11, and 15 of the Bill. The opportunity has also been taken to make other long-awaited amendments to fill in some gaps in the law relating to probate and administration.

Mr Speaker, Sir, at Common Law the personal estate of an intestate in England vested in the church and realty vested in the heir-at-law till letters of administration were granted. The Administration of Estates Act, 1925, of the United Kingdom, which is not applicable in Singapore, vests the real and personal estate of an intestate until administration is granted in the Probate Judge.

In Singapore it is assumed that the estate of an intestate vests in all the Judges of the High Court pending the grant of administration. Clause 5 will clarify the legal position by vesting the estate of an intestate in the Chief Justice between the death of the intestate and the grant of letters of administration.

Clause 8 proposes to add to section 54 of the Ordinance a proviso to make it clear that the Official Assignee can, in urgent cases, apply for letters of administration within six months of the death of the deceased. At present it would appear that he has to wait for six months to elapse from the death of the deceased person before applying for probate or letters of administration.

Clauses 9 and 10 propose to introduce detailed provisions for the administration of the assets of a deceased person whether the estate is solvent or insolvent at the death of the deceased, and to provide for the manner in which charges on the property of the deceased are to be paid. These provisions are taken from the United Kingdom Administration of Estate Act, 1925. They also appear in the Probate and Administration Ordinance, 1959, of the Federation of Malaya.

Under section 60 of the Probate and Administration Ordinance, the Official Assignee may administer the estate of any person who dies leaving property in Singapore not exceeding $2,000 in value, as though letters of administration had been granted to him. Since the introduction of the Central Provident Fund Ordinance and other legislation for the benefit of the workers, most people in Singapore die leaving property worth more than $2,000.

Clause 12 provides for the summary administration of estates not exceeding $10,000 in value by the Official Assignee.

Clause 13 proposes to give the Official Assignee power to pay for a minor's maintenance, education or benefit out of property not exceeding $10,000 in value held by him upon trust for such minor out of income or capital in his sole discretion. At present, the Official Assignee has power to pay for a minor's maintenance, education and benefit when the property so held by him does not exceed $1,000. Clause 13 also gives the Official Assignee exemption from the necessity of giving notice of distribution of property of less than $5,000, but such exemption will not free the Official Assignee from any obligation to make the usual searches.

Clause 14 enables the Official Assignee to conclude the administration of an estate within a reasonable time by paying the undistributed funds to the Public Trustee.

Mr Speaker, Sir, this Bill has been referred to the Singapore Bar Committee who support all its provisions.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr Barker}.

Bill considered in Committee; reported without amendment read a Third time and passed.