Affidavit Of Death Of Trustee Template for Singapore

When a trustee dies in Singapore, you need formal legal documentation to verify their death and ensure the trust can continue operating. An Affidavit Of Death Of Trustee provides this essential verification under Singapore's Trustees Act, creating an official record that enables successor trustees or remaining co-trustees to assume control of trust assets and responsibilities.

When do you need this document?

You'll need this affidavit whenever a trustee passes away and the trust must continue operating. Financial institutions, property registries, and other third parties typically require this document before recognising new trustees or allowing asset transfers. If you're a co-trustee, beneficiary, or appointed successor trustee, you'll need this affidavit to prove the original trustee's death and establish your authority to act. The document becomes particularly crucial when dealing with real estate transfers, bank account changes, or investment portfolio transitions where the deceased trustee was a signatory.

Key legal considerations

Your affidavit must include specific information to be legally valid: the deceased trustee's full identification details, exact date and place of death, comprehensive trust information including creation date and assets, and your relationship to either the trust or deceased trustee. The deponent (person making the affidavit) must have personal knowledge of the facts stated and cannot rely on hearsay. You'll need to attach supporting documents including the death certificate, trust deed, and proof of your authority to make the declaration. The affidavit must be sworn before a Commissioner for Oaths, and false statements can result in perjury charges under Singapore law.

Legal requirements in Singapore

Under Singapore's Trustees Act (Chapter 337), the affidavit must comply with strict formal requirements. The document must be properly sworn and witnessed according to the Oaths and Declarations Act (Chapter 211), with the Commissioner for Oaths verifying your identity before witnessing your signature. Evidence requirements follow the Evidence Act (Chapter 97), meaning you must provide credible proof of death and your relationship to the trust. If the deceased trustee had mental capacity issues before death, you may need additional documentation under the Mental Capacity Act (Chapter 177A) to validate their final actions. The Probate and Administration Act (Chapter 251) governs the acceptance of death certificates and succession procedures, particularly important when coordinating with estate administration.