PROBATE AND LETTER OF ADMINISTRATION
When a person dies, his property (collectively known as his estate) will be frozen and a person has to be appointed by the Court to take charge of the estate.
Where the deceased person had made a will, he would have appointed a person(s) called an executor(s) to take charge of his estate.
Where the deceased person died without having made a will, a person(s) would normally have to be appointed as an administrator(s) to take charge of the estate.
In order to be recognized legally as the executor(s) or administrator(s) of the deceased person's estate, you would have to apply for Probate or Letters of Administration respectively.
Probate is a Court Order authorizing the executor(s) appointed by the deceased person under his Will to administer his estate according to the directions contained in his Will.
Letters of Administration is a Court Order authorizing the person(s) named in it to administer the estate of the deceased person in accordance with the law and customs.
Can I apply for Probate or Letters of Administration?
PROBATE
You can apply for Probate if you are the executor(s) named in the Will of the deceased person.
LETTERS OF ADMINISTRATION
You and any of your family members, who are of full age, are entitled to apply to be appointed administrator(s).
For Muslims, the Kadi Court will issue an Inheritance Certificate or "fraidh" which advises the Court which members of the family are eligible to apply to be appointed as administrator.
For non-Muslims, the law gives priority to certain members of the family over others, depending on the marital status of the deceased. If the deceased person was single, his surviving parents will have priority over his brothers and sisters as his administrators. If the deceased person was married, his spouse will have priority over the children as his administrator.
If I have the right to apply for Probate or Letter of Administration, can I renounce my right to apply?
Yes, you may give up or renounce your rights and consents to other persons applying for Probate or Letters of Administrations by filling a Renunciation or Consent.
How do I apply for Probate or Letters of Administration?
To apply for probate or Letters of Administration, a number of documents have to be prepared and filed (after payment of filing fees) at the Probate Registry of the relevant District in Brunei Darussalam (see "Must I engage a lawyer").
Documents required for both Probate and Letters of Administration
The Petition
Affidavit for Collector of Stamps
Photocopy of the original extract of the deceased's Death Certificate
Photocopies of all documents of title to assets belonging to the deceased person e.g. bank accounts, landed property, motor vehicles, businesses registration etc.
For Letter of Administration, a letter of consent signed by all beneficiaries, agreeing to the Petitioner's Application.
Additional documents required for Probate
The Original and photocopy of the Will
Renunciation(s) by a person(s) appointed executor(s) by the Will but who does not wish to be the executor(s), if any.
Additional documents required for Letters of Administration
For Muslim's Estate
Photocopy of the birth certificates or identity cards of all immediate members of the family. (This is to facilitate the application of an inheritance Certificate or "fraidh" from the Kadi Court).
For non-Muslims' Estate
Renunciation of the beneficiaries having a prior right to apply for letters of administration, if any.
Consent of the Co-Administrators, if any.
NB. The above requirements apply in cases of simple petitions for probate and Letters of Administration.
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