The Public Trustee Act, Cap. 248 and the Succession Act, Cap. 249 of the Laws of Barbados provides for a person of small means to make an application to the Public Trustee for the administration of an Estate that does not exceed $15,000.00 Bds in value. The Public Trustee also has the power to authorize the payment or reimbursement of funeral expenses using certain funds of the deceased even if the Estate exceeds $15,000.00 Bds.
Who may apply
The law requires that the person making the application be the person who has prior entitlement to administer the Estate of the deceased. The person with prior entitlement to administer the Estate of a deceased person will generally be the person most entitled to share in the Estate of the deceased, e.g. the spouse and in cases where the deceased is single, a child or next-of-kin.
It is therefore important that the person making the application produces documentation that clearly establishes their relationship to the deceased.
If the application is only for the reimbursement of funeral expenses, the person who has paid the funeral expenses can apply.
How to apply
An application is made by completing an application form which can either be obtained from the Solicitor General’s Chambers, Spencer Building, Webster Building Park, Wildey, St. Michael BB14006 or downloaded from the link provided below. The application form should be read carefully before attempting to complete it.
Completed application forms with supporting documents may be delivered by hand or sent by post to the Solicitor General’s Chambers or sent by email to firstname.lastname@example.org .
We advise that you make an appointment with a Legal Assistant prior to hand delivery of completed application forms.
The completed application form must be signed by the Applicant and witnessed by a Justice of the Peace or an Attorney-at-law, who should also certify the copies of any supporting documents submitted as true copies of the originals.
Telephone enquiries and appointments may be made by contacting Legal Assistants Ms. Hinds at 535-0522 or Mrs. Gilkes-Bend at 535-0532.
The application will not be processed until all the required documents are submitted.
List of Documents
- Death Certificate of the deceased whose Estate you seek to have administered;
- Deceased’s National ID Card;
- Deceased’s National Insurance Card or Number;
- Funeral Bill/Invoice of the funeral expenses of the deceased;
- Receipt(s) for payment of the funeral expenses of the deceased;
- Documents establishing the Applicant’s relationship to the deceased;
For example, if the Applicant is a:
- Spouse – he/she should submit a marriage certificate. If it is a union other than a marriage (common law relationship), then evidence that the parties lived together and the period of their living together will be required;
- Child – he /she should submit a birth certificate that bears the name of the deceased as parent;
If the name of the deceased is not on this certificate, another official document may be produced that shows the relationship. If there is no such document, it may be necessary to provide an Affidavit from independent person(s) who have knowledge of the relationship between the applicant and the deceased
- Brother/sister - he/she should submit birth certificates establishing common parent(s) with the deceased;
- Next-of-kin - he/she should submit birth certificates of all persons that trace the relationship of the Applicant back to the deceased;
- Creditor - the statement/invoice of the debts owed by the deceased should be submitted.
7. Applicant’s Passport or National Registration Card;
- Bank/Credit Union Statement
- Insurance Policy/Certificate
- Share Certificate or
- any other document
Showing the name and address of the institution in which the money and /or shares you wish to obtain are located;
8. Where the Estate includes a motor vehicle for which a transfer of ownership is being sought :
- documentation from the Barbados Licensing Authority
- Insurance Company and
- a recent valuation of the vehicle from an authorized agent
9. The Will of the deceased if any.