Legal Aid Bureau or Public Trustee? Different Ways to Get Aid for Probate

The passing of a loved one can be an extremely difficult period for someone. Not only is it emotionally trying, but the deceased’s next-of-kin (e.g. family members, relatives etc) may also have to deal with managing the deceased’s estate/assets, which can be a stressful undertaking. In such situations, the legal process for administering a deceased’s estate would depend on whether or not the deceased had a valid will prior to their demise, as well as the total value of their assets.

This article focuses on highlighting the different avenues that are available to someone who requires assistance with administering the estate of a deceased loved one. It will cover:

• When you can go to the Public Trustee
• How the Public Trustee will administer the deceased’s estate
• Whether there are any costs/fees payable to the Public Trustee
• When you can go to the Legal Aid Bureau
• Whether there are any costs/fees Payable to the Legal Aid Bureau
• The difference between going to the Legal Aid Bureau and going to the Public Trustee
• The steps to take when dealing with the estate of a deceased loved one

Note: You do not have to consider all the avenues outlined below. You can, however, consider these options if you fall under any of the prescribed scenarios.

When Can I Go to the Public Trustee? 

The Public Trustee is a government body that can act for you in administering a deceased’s estate, if the deceased in question did not leave a will and their assets do not exceed $50,000. Do note that you are not required to engage a lawyer if the Public Trustee agrees to act for you.

In addition, the following conditions need to be satisfied before the Public Trustee can act for you:

• A court application for Letters of Administration or Grant of Probate cannot have been filed. A Grant of Probate authorises the executor named in the deceased’s will to manage and distribute the deceased’s estate. On the other hand, Letters of Administration authorise someone to be the administrator of the deceased’s estate in the absence of a will;
• There cannot be conflicting claims to the estate or disputes among the beneficiaries;
• The deceased’s estate cannot have outstanding debts or liabilities;
• The deceased cannot have owned shares or other interest in unlisted companies (foreign or local);
• The deceased cannot have been a partner, a sole proprietor or had an interest in a firm or business;
• The deceased cannot have been the sole owner of a HDB flat and a child is eligible to inherit the whole or part of the flat;
• There cannot be any pending lawsuits involving the deceased;
• There cannot be any insurance policies where one or more people have been nominated as beneficiaries;
• The deceased’s estate cannot include trust bank accounts opened with a child; and
• The deceased’s estate cannot include commercial vehicles (e.g. taxis).

In the event that the conditions stated above are not satisfied, you will need to apply to the court for Letters of Administration to deal with the deceased’s estate.

How Will the Public Trustee Administer the Deceased’s Estate? 

The Public Trustee’s administration of the deceased’s estate depends on whether the deceased was a non-Muslim or a Muslim.

If the deceased was a non-Muslim and domiciled in Singapore, the Public Trustee will administer the estate in accordance with the Intestate Succession Act. According to the Intestate Succession Act, the rules of distribution would depend on whether the deceased had left behind a surviving spouse and/or children, or other family members/relatives such as parents and siblings.

Here are some examples to illustrate how the Public Trustee will administer the deceased’s estate in accordance with the Intestate Succession Act:

• If the deceased person leaves behind a surviving spouse but no children or parents, the Public Trustee will distribute the whole of the estate to that surviving spouse.
• If the deceased person leaves behind a surviving spouse and children, the Public Trustee will distribute half of the estate to the spouse and the remaining half to the children in equal shares. For example, if the deceased left behind a spouse and four children, the spouse would receive 50% of the estate. The remaining 50% would be distributed equally among the four children so that each child would receive 12.5% of the estate.
• If the deceased person leaves behind children but there is no surviving spouse, the Public Trustee will distribute the whole of the estate among the children in equal shares.

For more information on how the estate of a non-Muslim will be distributed according to the Intestate Succession Act, do refer to our article on what happens when one dies without a will in Singapore.

If the deceased was a Muslim, then the Public Trustee will distribute the estate in accordance with section 112 of the Administration of Muslim Law Act. The Syariah Court will issue a Certificate of Inheritance which stipulates the lawful beneficiaries of the estate and their respective inheritances.

For more information on the administration of a deceased Muslim’s estate, do refer to our article on Muslim inheritance law in Singapore.

Are There Any Costs/Fees Payable to the Public Trustee? 

You would need to pay a minimum fee of $15 to the Public Trustee for their administration of the deceased’s estate. The total fee depends on the value of the estate as stipulated below:

Do note that these fees will be deducted from the deceased’s estate. They are inclusive of the prevailing GST and cannot be waived.

To illustrate, if the deceased’s estate is valued at $35,000, here is how the fees payable will be calculated:

Therefore, the total fee payable to the Public Trustee in this scenario would be $15 + $325 + $675 = $1,015.

For a more detailed discussion and an overview of how to apply to have the Public Trustee administer the deceased’s estate, do refer to our article on the Public Trustee’s administration of your loved one’s estate.

When Can I Go to the Legal Aid Bureau? 

You may wish to engage a lawyer to assist with obtaining the Grant of Probate or the Letters of Administration to manage the deceased’s estate.

However, if you do not have the financial means to afford a lawyer, you may approach the Legal Aid Bureau (LAB) for assistance. LAB is a government organisation that provides legal services and they can assist you with estate matters such as applying for a Grant of Probate or for the Grant of Letters of Administration.

In order to qualify for legal aid from the LAB, the following requirements must be met:

• You must be a Singapore citizen or a Permanent Resident;
• You must be above the age of 21 (those under 21 require their parent/guardian to apply for legal aid on their behalf); and
• You must pass the means test, which is an assessment of your financial means.

The means test requires that:

• Your average Per Capita Gross Monthly Household Income (PCHI) must be $1,050 or lower for the last 12 months prior to the application for legal assistance;
• The annual value of your place of residence must be $21,000 or lower;
• If you are below the age of 60, Your savings and non-CPF investments must be $10,000 or lower. If you are 60 and above, you may have savings and non-CPF investments of $40,000 or lower; and
• You must not own any other property besides your place of residence.

Are There Any Costs/Fees Payable to the Legal Aid Bureau?

You may need to pay a financial contribution to LAB for their assistance in helping you apply for the Grant of Probate. The exact contribution to be paid is determined via an assessment of your assets and income, the complexity of the case, and the extent of assistance rendered by LAB.

What is the Difference Between Going to the Legal Aid Bureau and Going to the Public Trustee? 

Legal aid and assistance by LAB are only intended for cases where:

• You wish to apply for a Grant of Probate or Letters of Administration but you are unable to engage a private lawyer to do so; and
• You qualify for legal aid (as per the conditions set out above).

On the other hand, you can only apply to the Public Trustee to act for you when:

• There is no will; and
• The deceased’s assets do not exceed $50,000 (along with meeting the other stipulated conditions detailed above).

It must be noted that LAB is not the same as the Public Trustee. Although both are under the purview of the Ministry of Law, LAB offers legal assistance and aid on a wide range of civil matters apart from probate issues, such as divorce, adoption, custody and others. In contrast, the Public Trustee focuses primarily on the administration of a deceased person’s Central Provident Fund (CPF) and estate monies in the absence of a will.

What Steps Should I Take When Dealing with the Estate of a Deceased Loved One? 

The first step would be to determine whether or not the deceased has left behind a will. You can do this by consulting the Wills Registry, a service which allows you to search for existing will records.

Alternatively, you can check with the deceased’s other family members or lawyer(s) on whether they are aware of the existence of a will.

If there is no will

If there is no will and the deceased’s assets are worth less than $50,000, you may apply to the Public Trustee to act for you. You may do so via an online application using the Public Trustee’s E-Services (Deceased’s Assets other than Unnominated CPF Monies / Baby Bonus / Edusave / PSEA), and you will be required to provide information concerning the deceased’s savings account, shares, insurance policies, death gratuity and vehicles owned. The Public Trustee’s Office will then assess your application to determine whether or not they can assist you in administering the estate.

However, if the deceased’s assets are worth more than $50,000 or any of the other conditions for the Public Trustee’s involvement are not satisfied, you will have to apply for Letters of Administration, which would give you the legal authority to handle and distribute the deceased’s estate.

For more information on this process, do refer to our article on applying for letters of administration in Singapore.

If you need to apply for Letters of Administration in the absence of a will but cannot afford a lawyer to do so, you may reach out to the LAB for assistance. As mentioned above, you will have to meet the qualifying requirements and pass the means/merit tests for legal aid from the LAB.

If there is a will

If there is a will, and you can afford a lawyer, then you can engage a lawyer and seek legal advice on the next steps (i.e. getting a Grant of Probate).

However, if you are unable to afford a lawyer, you may approach the LAB and seek their assistance with administering the estate.

Here is a flowchart with the essential steps you can consider taking, depending on your situation:

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To conclude, there are various avenues available to a family member with regard to administering the estate of a deceased loved one, as outlined throughout the article.

If you require further advice on your matter, you may use our Call a Lawyer service for a quick consultation at a discounted fee. You may also refer to our list of highly-rated probate lawyers in Singapore to kickstart your search for a probate lawyer who best suits your needs.

You can also refer to the official websites of the Public Trustee and the Legal Aid Bureau for more detailed information on the services that they provide.