Legal Tips

Public Trustee

Document Date: 15 February 2011

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 or assets?
   
   
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?

1. In what circumstances will the Public Trustee step in to administer a person’s estate or assets?
   
   
1. If a person dies intestate (ie without a will) and the value of the estate, excluding CPF monies, does not exceed S$50,000, an application can be made to the Public Trustee for the Public Trustee to administer the estate. The Public Trustee can administer the estate without letters of administration. The Public Trustee recovers and realises the assets of the estate 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 of age, the Public Trustee will hold his/her share of the estate in trust until he/she attains 21 years of age.
      
      The Public Trustee charges a fee to administer the estate.
      
      
2. A person can create a trust (“settler”) and appoint the Public Trustee as the trustee under a trust instrument executed by the settler. 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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2. The Public Trustee maintains a Will Registry. What services are offered by the Wills Registry?
   
   If you have drawn up a will, you may deposit the following information about the will with the Wills Registry:   
   1. Your particulars
   2. Date of will and, if applicable, any supplement to the will;
   3. Particulars of your lawyer who has drawn up the will;
   4. Particulars of the custodian of the will; and
   5. 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/ executors of estates if they are not sure whether any will has been drawn up or when they do not have the will.
   
   No fee is chargeable for deposit of information. A fee is chargeable when a search application for information is made.
   
   

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3. What role does the Public Trustee play in the administration of compensation in motor accident cases?
   
   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 subjected 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 received to the victims. If any victim is below 21 years of age, the  Public Trustee will hold the compensation in trust until he/she attains 21 years of age unless a court order appoints his/her parents or legal guardian to hold the compensation in trust.
   
   

 [Ref: LG/VY/LPN/Feb 2011]