On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/02/2006.
PART IX
PROTECTION OF ESTATES PENDING GRANT
Vesting of estate in Public Trustee in certain circumstances between death and grant of administration
37.
—(1) Where a person dies intestate, his real and personal estate shall vest in the Public Trustee.
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(2) Where a testator dies and —
(a)
at the time of his death there is no executor with power to obtain probate of the will; or
(b)
at any time before probate of the will is granted there ceases to be any executor with power to obtain probate,
the real and personal estate of which the testator disposes by the will shall vest in the Public Trustee with effect from the time specified in paragraph (a) or (b) in relation to each case.
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(3) The vesting by virtue of this section of any estate in the Public Trustee shall not, without more, confer or impose on him any power, duty, right, equity, obligation or liability in respect of the estate.
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(4) Any estate or part of an estate vested in the Public Trustee under subsection (1) or (2) shall cease to be so vested on the grant of administration in respect of the estate or part in question.
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38.
—(1) Any estate or part of an estate of a deceased person vested in the Chief Justice under section 37 immediately before 1st October 1997 shall on that date vest in the Public Trustee.
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(2) Subject to subsection (3), the amendment made to this Act by the Statutes (Miscellaneous Amendments) Act 1997 (Act 7 of 1997) applies in respect of a person’s estate whether the person died before, on or after 1st October 1997.
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(3) Where, but for this subsection, the vesting under section 37 (as amended by the Statutes (Miscellaneous Amendments) Act 1997) of any estate of a testator would have effect from a time before 1st October 1997, the vesting shall have effect from that date and section 37(2) shall have effect subject to this.
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39. Where any person dies leaving property within Singapore, the court or a judge may, if it appears, on an application made by originating summons by the Public Trustee or by any person claiming to be interested in the property, or having the custody or control thereof at the time of the death of the deceased, or being at such time an attorney of the deceased, that there is danger that the property may be wasted, appoint the Public Trustee or such other person as the court or judge thinks fit, to be a receiver of the property pending a grant of probate or letters of administration.
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40. The court or a judge may, on application by a receiver appointed under section 39, or any person interested in the estate, order the sale of the whole or any part of such property, if it appears that such sale will be beneficial to the estate.
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41. A receiver appointed under section 39 shall be subject to the Rules of Court (Cap. 322, R 5) relating to receivers generally, but the Public Trustee shall not be required to furnish security.
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42. Any person who, without lawful authority, removes or attempts to remove from Singapore any portion of the property of which a receiver has been appointed under section 39, or destroys, conceals, or refuses to yield up the same to the receiver, shall be guilty of an offence and shall be liable on conviction by a Magistrates’ Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
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43.
—(1) No suit shall be brought against a receiver appointed under section 39 in relation to anything done or intended to be done by him in respect of the property of the deceased in exercise or intended exercise of the powers vested in him.
(2) Any person aggrieved by anything so done, or intended to be done, may apply to the court or a judge for directions in the matter, and the court or judge may make such order in the premises as is just.
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44. A receiver appointed under section 39 shall have a lien upon the property entrusted to him for all costs and expenses properly incurred by him in the exercise of his duties as such receiver.
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