Singapore Government
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Contents

Long Title

Part I PRELIMINARY

Part II LICENSING OF TRUST COMPANIES

Part III CONTROL OF SHAREHOLDINGS AND VOTING POWERS

Part IIIA CONTROL OVER LICENSED TRUST COMPANY

Part IIIB VOLUNTARY TRANSFER OF BUSINESS

Part IV PROBATE AND ADMINISTRATION

Part V CONDUCT OF BUSINESS

Part VI BOOKS, ACCOUNTS AND AUDIT

Division 1 — Books and accounts

Division 2 — Audit

Part VII SUPERVISION AND INVESTIGATION

Division 1 — General

Division 2 — Inspection powers of Authority

Division 3 — Investigative powers of Authority

Part VIII DISCLOSURE OF INFORMATION

Part IX APPEALS

Part X MISCELLANEOUS

FIRST SCHEDULE Trust Business

SECOND SCHEDULE Specified Persons

THIRD SCHEDULE Purposes for Which and Persons to Whom Protected Information May be Disclosed

FOURTH SCHEDULE Specified Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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On 24/07/2014, you requested the version in force on 24/07/2014 incorporating all amendments published on or before 24/07/2014. The closest version currently available is that of 18/04/2013.
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PART IV
PROBATE AND ADMINISTRATION
Licensed trust company may act as executor
22.  Where a licensed trust company is appointed executor of the will of any testator, the licensed trust company may apply to the court for probate of the will and, if probate is granted, to exercise and discharge all the powers and duties of an executor.
[Trust Companies (Repealed), s. 9]
Licensed trust company may be authorised to apply for probate or administration
23.
—(1)  Subject to subsection (3), where any person is entitled to apply for probate of the will of any testator without leave being reserved to any other person to apply for probate, it shall be lawful for the person, whether absent from Singapore or not, and notwithstanding the provisions of any other written law, instead of himself applying for probate, to authorise a licensed trust company to apply to the court for a grant of administration with the will of the testator annexed, and such a grant may be made to the licensed trust company upon its own application, when so authorised.
(2)  Subject to subsection (3), where any person is entitled to apply for letters of administration with the will of any testator annexed, it shall be lawful for the person, whether absent from Singapore or not, and notwithstanding the provisions of any other written law, to authorise a licensed trust company, either alone or jointly with any other person, to apply to the court for a grant of letters of administration with the will of the testator annexed, and such a grant may be made to the licensed trust company upon its own application, when so authorised.
(3)  Subsections (1) and (2) shall not apply to a case in which a will provides that the licensed trust company shall not act as executor or in the trusts thereof.
(4)  Notwithstanding the provisions of any other written law, any person or persons entitled to apply for letters of administration of the estate of any intestate, whether the person or persons are absent from Singapore or not, may authorise a licensed trust company to apply to the court for such letters of administration, either alone or jointly with any other person, and administration of the estate of the intestate may be granted to the licensed trust company, either alone or jointly, upon its own application, when so authorised.
(5)  For the purposes of any application to the court for letters of administration of the estate of any deceased person, the court shall consider a licensed trust company, when authorised under subsection (4), to be in law entitled equally with any other person or class of persons to apply for and obtain a grant, but a licensed trust company, being so entitled, shall not on that account alone be preferred to the widower, widow or next of kin of any intestate.
(6)  No grant of probate or of letters of administration shall be made to an agent or a nominee on behalf of a licensed trust company.
[Trust Companies (repealed), s. 10]
Procedure as to probate applications
24.
—(1)  In all cases in which a licensed trust company is empowered under this Act to apply for probate or for letters of administration, any application, declaration, account or affidavit or other necessary document may be made or sworn by any officer of the company duly authorised by the licensed trust company in that behalf.
[42/2005]
(2)  Subject to subsection (3), any officer of a licensed trust company appointed by the licensed trust company for that purpose may, on behalf of the licensed trust company, sign any application, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, give personal attendance at any court or place, and do any act or thing whatsoever, which may be required to be signed, taken, sworn, made, verified, given or done on behalf of the licensed trust company.
[42/2005]
(3)  Nothing in this Act shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of a licensed trust company or to do any act whatsoever on behalf of a licensed trust company which could otherwise be lawfully done only by an advocate and solicitor.
[Trust Companies (repealed), s. 11]
Licensed trust company not to furnish security
25.
—(1)  Notwithstanding the provisions of the Probate and Administration Act (Cap. 251), no licensed trust company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate.
(2)  Notwithstanding the provisions of the Probate and Administration Act or any other written law, no licensed trust company appointed by the court to perform the duties of receiver, guardian, committee or any other office or trust shall be required to furnish security for the due performance of such duties.
[Trust Companies (repealed), s. 15]
Guardianship of person prohibited
26.
—(1)  No licensed trust company shall be appointed to be guardian of the person of an infant or a deputy with powers in relation to the personal welfare of a person who lacks capacity (within the meaning of the Mental Capacity Act 2008).
[21/2008 wef 01/03/2010]
(2)  Any licensed trust company which accepts any appointment in contravention of subsection (1) shall be guilty of an offence.
[Trust Companies (repealed), s. 31]