How do I make an equitable or moral claim on a bona vacantia estate with immovable property?
You will have to engage a lawyer to assist in your claim. You will have to adhere to the prescribed waiting period of at least 3 years. Your lawyer will have to take out the advertisements in a major English-language newspaper and a major vernacular newspaper for the next-of-kin of the deceased (a sample of the advertisement is at https://pto.mlaw.gov.sg/files/SampleAdvertisement.pdf) and to conduct probate searches.
Please submit the following documents to the Public Trustee via https://go.gov.sg/contactminlaw:
a) Death Certificate of the Deceased
i. If the cause of death was unnatural, provide a copy of the coroner's inquiry and findings (if any)
b) Information stating the following:
i. Your relationship with the deceased
ii. Whether you are aware of any entitled relatives and whether the deceased had died intestate
iii. Whether you are aware of any prior petition of administration being filed;
iv. The basis of your equitable or moral claim on the estate
v. Your estimate of the value of the estate, with a breakdown of the assets by their type and estimated value
vi. Whether there are any other potential claimants (e.g. other adopted children) and whether the potential claimants have disclaimed their share and interest in the estate
vii. Any other information which will support your claim
c) Information of other interested persons (e.g. other adopted children) stating the following:
i. Their relationship with the deceased
ii. Whether they are renouncing their claims to the estate
d) Documents supporting your equitable or moral claim (e.g. receipts showing proof that you have incurred expenses for the benefit of the deceased)
e) Full details of the deceased's estate (i.e. assets and valuation with documentary evidence)
f) The details of the property, in particular, who is occupying the flat and the person paying the conservancy or other relevant charges.
g) Results of search for caveats on the property with SLA.
h) A Certificate / letter from the Commissioner of Estate Duties on any estate duty payable for the deceased (Applicable for deaths before 15 Feb 2008).
i) A copy of newspaper advertisements and the probate search results