What happens to the property belonging in a person when he dies?

The deceased person’s property (collectively known as his estate) is 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 Letter of Administration respectively.

What is Probate?

It is a Court Order authorizing the executor(s) appointed by the deceased person under his will to administer his estate according to the direction contained in his will.

What are Letters of Administration?

It 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 entitle to apply to be appointed administrator(s).

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 to be administrators. If the deceased person was married, his spouse will have priority over the children to be 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 filing a Renunciation or Consent.

How do I apply for Probate or Letters of Administration?

To apply for probate of 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:

1. The Petition

2. Affidavit for Collector of Stamps.

3. Photocopy of the original extract of the deceased’s Death Certificate.

4. Photocopies of all documents of title to assets belonging to the deceased person e.g. bank accounts,  landed property, motor vehicles, businesses registration etc.

5. For Letter of Administration, a letter of consent signed by all beneficiaries, agreeing to the Petitioner’s Application.

Additional documents required for Probate:

6. The Original and photocopy of the Will.

7. 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.

8. For Muslim Estates

Photocopy of the birth certificates or identity cards of all immediate members of the family must be submitted. (this is to facilitate the application of an inheritance Certificate or “faraid” from the Kadi court.

9. For non-Muslim Estates

Renunciation of the beneficiaries having a prior right to apply for letters of administration, if any.

10. Consent of the Co-Administrators, if any.

N.B The above requirements apply in cases of simple petitions for Probate and Letters of Administration.