Legal Tips

Public Trustee

Document Date: April 2012

Here are some Frequently Asked Questions on the "Public Trustee”:

  1. In what circumstances will the Public Trustee step in to administer a person’s estate?
  2. The Public Trustee maintains a Will Registry. What services are offered by the Wills Registry?
  3. What role does the Public Trustee play in the administration of compensation in motor accident cases?

Q1. In what circumstances will the Public Trustee step in to administer a person’s estate?
A1.
  1. If a person dies intestate1 and the value of his assets (excluding CPF monies) does not exceed S$50,000, an application can be made to the Public Trustee to administer the assets. Normally, letters of administration must be obtained from the courts to administer the assets of a deceased. However, the Public Trustee can administer without any letters of administration. The Public Trustee gathers the assets of the deceased and distributes them to the beneficiaries in accordance with the:
    1. Intestate Succession Act (Cap 146) for non Muslims; or
    2. Administration of Muslim Law Act (Cap 3) for Muslims.

    If there is any beneficiary below 21 years old, the Public Trustee will hold his share for his benefit until he reaches 21 years old.

    The Public Trustee charges a fee to administer the assets.

    1 When a person dies intestate, it means that in his lifetime, he has not drawn up a will which specifies the intended beneficiaries.

  2. A person (“settler”) can, in his lifetime, create a trust and appoint the Public Trustee as the trustee under a trust instrument. The assets that are transferred by the settler into the trust are known as trust funds. The Public Trustee will hold, administer and manage the trust funds for the beneficiaries of the trust in accordance with the terms of the trust instrument.

    The Public Trustee charges a fee to act as trustee.

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Q2. The Public Trustee maintains a Will Registry. What services are offered by the Wills Registry?
A2.

If you have drawn up a will, you may register the following information about the will with the Wills Registry:

  • Your particulars
  • Date of will and, if applicable, any supplement to the will;
  • Particulars of your lawyer who has drawn up the will;
  • Particulars of the custodian or keeper of the will; and
  • Particulars of the informant.

All wills must be kept by you or your representative. No will is deposited in the Wills Registry.

The information available in the Wills Registry would be useful to administrators and executors if they are not sure if any will has been drawn up or when they do not have the will.

No fee is chargeable for registration of information on the will. A fee is chargeable when a search application for information on the will is made. Only the person who has drawn up the will or his lawyer, executors and administrators or their lawyers, next of kin or beneficiaries of deceased can make a search application.

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Q3. What role does the Public Trustee play in the administration of compensation in motor accident cases?
A3.

The Public Trustee will ensure that out of court settlement of compensation to victims of road traffic accident are adequate and solicitor's fees are reasonable. Only amounts above $5,000 are subject to the Public Trustee’s approval.

The Public Trustee’s approval is not required if:

  1. an order of court is obtained for the amount of compensation; or
  2. the amount of compensation is agreed in any court based settlement conference.

The compensation will be paid to the Public Trustee who then distributes the compensation to the victims. If any victim is below 21 years old, the Public Trustee will hold the compensation for his benefit until he reaches 21 years old unless a court order appoints his parents or legal guardian to hold the compensation for him.

The above is for general information only and does not provide any advice nor take into account any personal needs or circumstances. For further details, accurate and up to date information, do contact the Public Trustee at:

The Public Trustee (Insolvency & Public Trustee’s Office)
The URA Centre (East Wing)
45 Maxwell Road #06-11
Singapore 069118

Tel: 6325 1500  |  Fax: 6224 2858
Email: ipto_enquiry@ipto.gov.sg

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