Tuesday, 20 July 2010

Intestacy: Dying without a Will

Q: What happens when someone dies without leaving a Will?



A: A person dies intestate when he/she does not leave a Will or leaves a Will that is later found to be invalid. The rules of Intestacy in Trinidad and Tobago are governed by the Administration of Estates Act, Sections 23 - 31 and The Distribution of Estates Act, 2000.

The estate (all possessions of the deceased) is divided according to the rules of Intestacy. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.

Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy, but this depends on a number of circumstances:

•whether there is a surviving married or civil partner
•whether there are children, grandchildren or great grandchildren.
•in the case of nephews and nieces, whether the parent directly related to the person who has died is also dead
•the amount of the estate

Other relatives may a right to inherit if the person who died intestate had no surviving married partner or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces. The order of priority amongst other relatives is as follows:-

•grandparents
•uncles and aunts
•cousins


The following people have no right to inherit where someone dies without leaving a will:

•unmarried partners
•lesbian or gay partners not in a civil partnership
•relations by marriage
•close friends
•carers


23. An estate or interest to which a deceased person was entitled on his death in respect of which he dies intestate shall, after all payment of debts, duties, and expenses be distributed or held on trust amongst the same persons being kin or next of kin in accordance with sections 24, 25, 26 and 26A.


Married or civil partner
A married/civil partner may inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you cannot inherit under the rules of intestacy. However, partners who separated informally can still inherit under the rules of intestacy.

24. (1) Where an intestate dies leaving a surviving spouse but no issue, his estate shall be distributed to or held on trust for the surviving spouse absolutely.

(2) Where an intestate dies leaving issue, but no spouse, his estate shall be distributed per stirpes among the issue.
(each branch of the family must receive an EQUAL share of an estate)

Children

(3) Where an intestate dies leaving a spouse and one child, the surviving spouse shall take one-half of the estate absolutely and the other half shall be distributed to or held on trust for the child.

(4) Where the intestate dies leaving a spouse and more than one child, the surviving spouse shall take one-half the estate absolutely and the remaining one-half shall be distributed to or held on trust for the children.


Co-Habitants

25. (1) Notwithstanding section 24, where an intestate dies leaving no surviving spouse, but dies leaving a surviving cohabitant, the cohabitant shall be treated for the purposes of this Act as if he or she were a surviving spouse of the intestate.

Separated from Legal Wife with a Co-habitant

(2) Notwithstanding section 24, where an intestate dies leaving a spouse and a cohabitant and the intestate and his spouse were at the time of his death living separate and apart from one another, only such part of the estate as was acquired during the period of cohabitation shall be distributed to the cohabitant, subject to the rights of a surviving spouse and any issue of the intestate.

Procedure

(3) A surviving cohabitant claiming a share of the estate of an intestate under this section shall, within twenty-eight days of the death of the intestate, file with the Registrar of the Supreme Court a notification of interest as the surviving cohabitant and, within three months thereafter or such other time as the Court considers appropriate having regard to all the circumstances, obtain an order from the Court affirming the cohabitational relationship with the intestate and stating the quantum of the share of the estate to which the cohabitant is entitled.

(4) The Rules Committee shall make Rules for matters arising under this section.

If no one else; Parents.

26. Where an intestate leaves no spouse, no cohabitant or no issue, the estate goes to the parents of the intestate in equal shares or the survivor of them.

Failing that...

26A. Where the intestate leaves no spouse, no issue, no cohabitant and no parent, then his estate shall be distributed to or held on trust for his next of kin living at the time of his death in the following order and manner:

(a) to the brothers and sisters of the whole blood in equal shares;

(b) where there are no brothers or sisters of the whole blood, to the brothers and sisters of the half blood in equal shares;

(c) where there are no brothers and sisters of the whole or half blood to the grandparents of the intestate in equal shares;

(d) where there are no grandparents to the issue of the brothers and sisters of the whole blood;

(e) where there is no issue of the brothers and sisters of the whole blood to the issue of the brothers and sisters of the half blood; and

(f) where there is no issue of the brothers and sisters of the half blood to the uncles and aunts of the intestate, being brothers and sisters of the whole blood and then of the half blood of a parent of the intestate.

26B. Descendants and relatives of the intestate, conceived before his death but born afterwards, inherit as if they had been born in his lifetime and had survived him.


If all else fails

26C. In default of any person taking an absolute interest under the foregoing provisions, the estate of the intestate belongs to the State as bona vacantia. (Goods with no owner)

The State will then follow the procedures set out on Sections 27 - 31.

178 comments:

  1. If the deceased leave behind a minor child with a parent who he/she had not be cohabitating with but the surviving parent is the minor child's legal guardian, whose responsibilty is to manage minor child's share of the estate.....the state or the the legal guardian.

    ReplyDelete
    Replies
    1. Can the next of kin inherit an estate without having the surname of the inestate

      Delete
    2. Being a next of kin has nothing to do with surnames. Don't women get married? Don't some children carry the mothers surname?

      Delete
    3. Hi if my stepfather died an the land is in his an his brother name but the house is his but he was married to my mother what legal grounds does she have

      Delete
  2. You will become the Trustee, so it will be your responsibility to hold the estate on behalf of the minor child (beneficiary) until adulthood.

    Remember, what you hold on behalf of the beneficiary is not yours. Remember your fiduciary duty is an obligation to act in the best interest of your child.

    ReplyDelete
  3. If both parents of a child is deceased and I am appointed guardian ad litem of the child for the purpose of applying for the parents estate on behalf of the child,who is the trustee and how are those assets to be handled because the child is young and has needs while growing up. who ensures that she has enough to go by and who holds the rest on trust.

    ReplyDelete
  4. Hi,

    Who ensures that the estates is divided according to the rules of Intestacy. The administrator?
    If yes, what would happen if the administrator does not want to split the estate 50-50 between spouse and child? Who makes sure the administrator does what is legally required?

    Thanks,,

    ReplyDelete
    Replies
    1. Intestacy is dealt with by the court. How can there be an Administrator with no Will?

      Delete
  5. This comment has been removed by the author.

    ReplyDelete
  6. My ex husband and father of my two children owned a property jointly with his common law partner in trinidad. They have one child together.He died 3 years ago without a will. We all get on well as a family and so have never made a claim on the estate as the assumption and discussion have been that the three children would benifit equally if the property is sold or developed.Recently his partner has stated that she wants to sell the property to pay debts she has incurred in England but with no mention of what share or rights the children have or whether they need to be consulted. What are the legal rights of the children in this matter.

    ReplyDelete
    Replies
    1. Because you were divorced before his death, the common-law person will be treated as a surviving spouse and is therefore entitled to 1/2 of the property.

      The other 1/2 will be split among the children.

      Delete
  7. Hello,

    My brother died, he was married but separated for more than two years, lived with my mother and left no will.

    He had in his name a parcel of land, a vehicle, and possible finances (unconfirmed).

    Would his wife inherit everything or will the laws of Intestacy apply in this instance and if yes. How does my mother, or his other siblings go about the process

    ReplyDelete
    Replies
    1. If he is still legally married, the wife (and children, if there were any) will get the assets.

      Delete
  8. I know that so far everything points toward what happens upon the death of a family member, but can you please inform me as to what happens to the property of a relative that goes missing and there is no information regarding their whereabouts?

    ReplyDelete
  9. My mom died 2 years ago, she did not have a will. My sister and her husband lived with her but got divorced before she died. Is there a statute of limitation on contesting intestacy? My mom had 7 kids. Are we all entitled to equally split her house and land? I live in the US

    ReplyDelete
  10. My father died three years ago. My mother lived with my father for many years as a common law wife but was not in a relationship with him prior to his death. She did stay in the house though, but just not in the same room with him. A letter of administration was done where I am the administrator. She did not file a notification stating that she is the surviving cohabitor. She is now threatening to take half of my fathers estate. Is she entitled to it? What legal action can I take.

    ReplyDelete
  11. grandmother died willed property to two sister's, my mother being one of the sister died without making a will, I have lived here on the property for the past 37 years what are my rights other sister claiming the whole property

    ReplyDelete
  12. hi,I am legally married to a trinidian and have a minor.but my husband have 3 children from a previous marriage and they are not minors.would they still have right over any inheritance.if anything should happen to my husband.

    ReplyDelete
  13. My husband and his siblings are joint tenants of the land in which we live. Each sibling has built his/her homes on the property. If anything happens to my husband would I be entitled to his share or could I be thrown out of the land?

    Our house was built during our marriage and is in both of our names. We have no children.

    ReplyDelete
  14. I want to know if an adult daughter of someone who spent her money to build up an apartment in her father house to live but is now being forced to leave due to unreasonable living conditions,if she is entitled to her money she spent on the place? since the agreement was she was to build the apt and pay a rent but as a tenant cant bring her bf to live with her...

    ReplyDelete
  15. Hi i want to know if as a daughter i made an agreement with my father to build an apt with my money in his house and pay him rent as a tenant but he refuses to allow my bf to live with me out of spite,if i am entitled to my money back as i cannot have a live living in the apt?

    ReplyDelete
  16. hello;
    My question is that my father past away and gave the house and land to his son. Then mom was still alive she past away.I also have a sister and she is claiming the estate. I have witness to the property with signatures that state that the estate goes to his son.i also have money invested in the property.

    ReplyDelete
  17. My mother died in 2002, she left me as the beneficiary but had no official will. She was married in another country but left him when I was two and returned to Trinidad, she never divorced but he never visited Trinidad and I have no way of getting his death certificate. I later found out he died in 1990 and I am now 38 years of age. How do I go about getting my mother's estate. The Government is giving a hard time and its over twelve years since my mother died.

    ReplyDelete
  18. My grand mother died, she had 2 sons, one died he has 3 children and a wife. His wife (my step mom) is it her decisions if she wants to share my fathers half of the money from my grandmothers property? or is she suppose to get half and the balance split between his children.

    ReplyDelete
  19. My step mother is married to ah next man do she still get half

    ReplyDelete
  20. If my brother has passed away without a will that I am aware of, he has no surviving wife or civil partner, no surviving parent and no surviving children but has 1 brother (me) and 2 sisters does this situation require going through the intestacy process?

    ReplyDelete
  21. my son father die five years ago he was married but my son is his only child. He never had any children with his wife. The wife refuse to give my son his 50% of the estate and refusing to acknowledge my son is also a benificiary. After numerous attempts to reach a settlement. What can I do to get my son 50% of the estate?

    ReplyDelete
  22. my father in law father had three children with his mother including my father in law. his wife died before him and he got married after that. my father in law father died sometime after and his second wife died after him. she had children. who would be entitled to his estate. the deed in in his first wifes' name

    ReplyDelete
  23. Intestacy laws will apply if the 3 of you can't agree on a fair way to split the assets and the matter goes to court.

    ReplyDelete
  24. My daughter's father died about 2 years ago and left no will, however he has 6 legitimate children with different women,he was never married.We did give one of his daughters permission to acquire the letters of administration but she is saying now that the minors are only entitled to their share when they reach 18,and onlu when they reach such age,she will distribute. Is this so?

    ReplyDelete
    Replies
    1. Yes. She holds it on trust for the underaged beneficiaries.

      Delete
  25. Please help. My mother died and my father is still alive they were married with six kids. Two of us still live in our family house built by our dad but us two and our mom made our house a home even though my father built it. All we got was electricity. Now my mother is dead he wants us out but we invested in the house. What do we have to gain?

    ReplyDelete
    Replies
    1. I don't understand. Your biological father wants you out of the house?

      Delete
  26. consider this...a will disposing everything to a spouse and two adult children...however there is an illegitimate child of the deceased...now i know under uk law there is IPFDA...but what about in trinidad? does that child have any grounds to contest the will?

    ReplyDelete
    Replies
    1. Yes, as long paternity has been admitted or established.

      Delete
  27. hi i need some serious advice, my dad die 4 years ago my mom and sis don't want me to know anything what is going on with my dad estate ,i kept asking for 4 years now ,but they only hiding i took it up on my own and when and found out the my mom was given full rights by the high court to my dad estate last year without me involve ,its 2 of us as his children me and my sis ,do i have rights to my dad estate i need to know cause my mom ,sis and their lawyer only hiding something i feel ,i have another question to ask my dad ,mom and me brought a piece of land together as joint tenant now my dad die should this piece of land be added to his estate since its joint tenant i need some help please cause i am being taken advantage of

    ReplyDelete
    Replies
    1. Firstly, you need to learn to write properly.

      Secondly, you need to send me a private e-mail.

      Delete
  28. My brother died and left no will. before he died he asked verbally to handle his assets and to distribute his different assets to one of my cousins. Our mother is deceased and father was not mentioned on the birth certificate. Who will be considered next of kin since there is no mother and father?

    ReplyDelete
  29. If a property which has two owners 49% and 51%, is separately willed to two relatives and both are now deceased with only the 49% owner leaving a will and the 51% owner leaving no will but only the deed of ownership, which inheritor (?) is to advance the settlement of the estate considering that the only will (for the 49%)has not been probated but it was registered.

    ReplyDelete
  30. My precious father died 3 years ago and did not leave a will. He never married my mother but they had 4 children together. Since his death, my grandmother (who lives in Trinidad) constantly reminds me that he (my father) never left a will and that he never married. She (my grandmother) is entitled to his money. According to what I have read on this website and other sources, if the deceased is not married, the children are next in line to share whatever the deceased left. Your post was written in 2010, does it still apply in 2013?

    ReplyDelete
  31. I am a 64 year old man waiting to receive pension, I have a 48 year old woman in my house for the past 23 years but we have not been together for at least 8 years, we had two kids together (one now deceased) and because of her constant abuse I would like her to leave..im not as young and healthy as I used to be so I want to sign my property over to my eldest son, (of another relationship) would he have problems in getting her out/?

    ReplyDelete
    Replies
    1. You should get her out now because she will fight your son. I can deal with the property transfer/Will creation if you'd like and initiate proceedings to get her out.

      You two aren't married, right?

      Delete
  32. hi my dad died with no will, a house was bought under his an my mothers name, they have been separated over 20 years,
    mom migrates abroad without signing divorce papers, dad got re-marred (some how)an separates again, he lived with a common law wife before dying, who those the property belong too?

    ReplyDelete
    Replies
    1. I don't know what's going on here, I'm seeing 2 marriages, 2 separations (not divorces) and a common-law relationship.

      The other spouse (respondent) does not have to sign "divorce papers" for the divorce to be granted.

      Delete
  33. My elder brother passed away recently,leaves no spouse,no cohabitant or no issue, has a mother that is 90 yrs old, has dementia,, do need some advice in order to wind up his estate etc.

    ReplyDelete
    Replies
    1. I'm assuming there's no Will? No children, just your self and a mother?

      I don't give advice, I only supply information. In this instance, advice is needed and therefore you will need to come in to see us.

      Delete
  34. hi my father passed in 2011 without leaving a will in place my mother is alive and between them there are six children. Recently my mother decided that she wanted to do a will with the coaxing of one of my brothers leaving all assets to him. Given the rules of intestacy (if i'm reading it right)my siblings and I are entitled to inherit from our father's death. Can my mother make a will excluding everyone (children)and will the assets to one child? Also if the rules of intestacy apply is it legal for her to will someone else inheritance away?

    ReplyDelete
    Replies
    1. Your mother is a mad woman if she tries to do that.

      After your father died, she is entitled to 50% and the 6 children are entitled to an equal share of the other 50%. She can only Will her 50% and that's after she gets it in her name by going through the proper process regarding administration.

      Delete
  35. Where can I go in Trinidad to find out if my name is on a deed?

    ReplyDelete
  36. Where in Trinidad, can I go to find out if my name is on a deed for property that my father left to his children?

    ReplyDelete
  37. My father died without making a will in 1996. He has 9 children in all. 4 sons and 5 daughters. We went to court to prove that his business belonged to my father and not one out of his 4 sons. Judgement was given that the business belonged to my father. My mother died in 2007, the said brother is the executor of the estate. He wants to give 6children shares and is leaving out 3. We cannot come up with a value of either of my parents estates. What should I do?

    ReplyDelete
    Replies
    1. This is a complicated matter, which requires a consultation. You'll have to come in to see us. Send me a private e-mail.

      Delete
  38. hi, my dad passed away on new years day of this year 2014.he worked in the san fernando city council as a forman at the time of his passing,he was married and have four children with a woman but they got divorced long time now.my father then made a family with my mother who is deceased as well and has six children with her besides who he had already.my oldest sister is 33 years of age so that shows how long he left his first wife and have been living with us and provided for us etc.now when he died none of his other kids gave a cent to bury him and now they are all acting up and running around to see what they can get because they say they are older than us and is entitled to everything.we knw that they are his kids but they never visited him maybe once every 2 years and never put up with him and never liked him as a matter of fact because he used to drink a lot and misbehave, but neway he's dead now and it's a lot of stress for the one sister who did everything for him,wake funeral, prayers and never asked for a cent from anyone because she is the most responsible one and off his 6 kids here we have one brother who is fighting us all down for everything cuz he thinks because he's the son and he is watless as well. i just want to knw what can happen in all this my sister is fighting for us here and they are fighting the other side but the death certificate and bills whatsover is on my sister name.does that account for anything because there is house and money involved,who would be most likely to benefit these or will it be splitted with 10 of us including his 5 greedy children who just put on a great show for his funeral,please some answers will be greatly appreciated.

    ReplyDelete
  39. hi, my mom died with no will, i lived in the house with her from a child till she passed. My brother lives abroad and the other with my father in trinidad.. how does the estate split and what are my rights as i still reside in the house with no where to go??

    ReplyDelete
    Replies
    1. It usually goes equally to each, but if you're occupying, you may be able to claim more rights then the others, but that's too long and complicated for this answer...

      Delete
  40. my mother died without leaving a will she had 2 children and 2 pieces of property 1 property she gave permission to her son to renovate with his money and apply for the land lease on his name because the land is squatters land...should the other sibling have a right to share that piece of land as well

    ReplyDelete
    Replies
    1. No one has right to squatters land unless there is a deed of comfort.

      Delete
  41. Hi my father passed away 3 years ago and left no will.But he left 3 kids and a common-law wife(as some people put it) and a divorced wife,whom he still had a very good relationship with. The common-law wife has now decided to apply for a cohabitant order after 3 years or (maybe she played us and applied forthwith knowing we all had a verbal agreement) Now for her to be entitled to two accounts left in two of the beneficiaries name and the divorced wife name. I understand she is entitled to 50% of his estate but come on not the ones that have named beneficiaries. Please give me some info here on this situation.

    ReplyDelete
  42. My husband is deceased and he did not update his father's parcel of land will by adding me or my daughter. I own a pharmacy business on this same land. I have no legal documentation for the use of this land other than carrying the married name and my business. The land is deeded to my sisterinlaw (still alive with husband and child) and brotherinlaw(now deceased with no wife or children). What are my rights because my sisterinlaw is claiming full rights to the house and land? Is my daughther and I entitled to this property as we are the surviving family of a decease heir to this land.

    ReplyDelete
  43. hi dear,my husband have two children with his first marriage,one is 23 and the other is 27,they both live with him,there mother keep telling them that the house we're living in now belongs to them,my husband and I got married about 6 years now but has been living together about 81/2 years now,the house is still in his parents name but was given to him by word of mouth,we have 2 kids together,one is 7 and one is 2/12 years old,for the past few years there is a lot of verbal abuse from them and now its getting really bad,that they are treating us,my husband want them to leave but they refuse..we would like to know what is our right,or my husband right

    ReplyDelete
  44. My husband has two children from two previous relationships.I have three with him we are now in the process of constructing our own home.one of his son lives with us who is now an adult I would like to know if any of those children have any legal rights to this new home since he was not married to any of the mothers

    ReplyDelete
    Replies
    1. If he does not make a Will, all of his children are entitled to an equal share of his property.

      Property in both your names is not the children's.

      Delete
  45. my aunt passed away in 2012. We don't know if she left a will as her step-daughter and husband ceased her property and is giving no account to her next of kin which are her 3 surviving siblings. At the time of death she had no spouse or children. She had several old wills leaving some of property to the church and her niece. The step-daughter has taken over everthing and would not reply to her next of kin. Please advice.

    ReplyDelete
    Replies
    1. Wills don't expire. The last valid Will is the legal, binding document.

      Delete
  46. Grandparent dies after son.
    Does family have any right to his share of the parent estate

    ReplyDelete
    Replies
    1. Which members of the family, and which of the two people are you referring to, exactly?

      Delete
  47. hi my aunt got married to my godfather, but later got divorced. while they where married they made a will together putting my name and two other cousins of mine to obtain everything. they had no children. my aunt died in 2006. can i still get whats mine on the will even though they are divorced? and if so, can my godfather alter the will to cut me out because my aunt is dead?

    ReplyDelete
    Replies
    1. This will should have been probated since your aunt died in 2006. Once that was probated, you would be entitled to your share when your Godfather dies.

      He can't change the Will on his own because it was created jointly.

      Delete
  48. my mother died when i was 12. i am now 25. my father and mother split when i was about 5. they never got married. my mother has no will. who gets my mother's estates? and can any other family member try to claim her estates?

    ReplyDelete
    Replies
    1. Her next of kin is the main beneficiary and that person will have to file for the letters of administration. You will need a Lawyer. E-mail me.

      Delete
  49. my grandmother died with no will and her spouse is dead. she has 3 living children, 3 living siblings, 7 grandchildren, 7 nieces and 3 nephews. as one of her grandchildren am i entitled to anything? and if yes, how do i go about getting what is mine?

    ReplyDelete
    Replies
    1. You need to come in for a consultation because there are many questions to be answered. E-mail me.

      Delete
  50. can a non Trinidadian own a property here in Trinidad and Tobago with a trinidadian common law husband and 2 children

    ReplyDelete
  51. hi my husband's grandparents always said that there house is for him they past away years ago he never found any will or deed my husband grew up in that house got married an we live there ever since it seem that ;his aunt don't want us to have any part of the property.we found out that she has some type of paper work stated that she is the only next of kin it seems that she owns the house now.please what to do.

    ReplyDelete
    Replies
    1. You guys have nothing to worry about. Send me a private e-mail and we'll arrange a consultation.

      Delete
  52. my grandmother died not leaving a will, but had a daughter looking after her affairs she left about five acres of land my mother died and she is one of the daughters I would like to know if her next of kin is entitle to any of her inheritance.

    ReplyDelete
  53. My husband died without a will. Letters off administration was filed but without including some property. could I now fie that property and is there going to be a fee for doing this separately later.

    ReplyDelete
    Replies
    1. Amend the inventory by doing a supplemental affidavit.

      Delete
  54. Hi my mom is 38 years of age and have 5 children, ages 5, 7,12, 15 and I am 20. The 12 year old however dont live with them anymore so he isnt included in this. My great grandmother passed away last year August and since then, the house have been in an uproar. At this present moment, my great uncle want s to throw my mother and sisters out of the house. Can he do that? He doesnt live there and we haven't seen the will stating that he could. He said that he is going to court with the matter, can they just throw her clothes out by the road because I'm hearing that she got a week to get out. I need help with this matter please.

    ReplyDelete
    Replies
    1. 38 years and 5 children!?

      Anyway, did you great grandmom leave a Will?

      Delete
  55. My brother claims that he received a "Deed of Gift" from our deceased younger brother on his estate. He claims that he needs to get a "Letter of Administration" because everything is still on the deceased name. Can you please tell me why would he be asking other sibling for their date of birth and etc. He said it is just a normal procedure.





    ReplyDelete
  56. My uncle died and did not leave a will. His older brother claims that he left him with a deed of gift.My question is my would he be need to obtain a letter of Administration and info from other siblings? Can I get an answer please??

    ReplyDelete
    Replies
    1. It's required for Letters of Admin. He won't be able to get the property in his name without getting it.

      Delete
  57. In regards to my 29 July, 2014 13:58 post,
    Thanks for you answering my post!!

    ReplyDelete
  58. Can property that is left by a parent without a will be legally divided based on agreement between the surviving siblings?

    ReplyDelete
    Replies
    1. As long as they're the only surviving beneficiaries, yes. Letters of administration would still be required to get the property in their names.

      Delete
  59. I have a technical issue and would appreciate it for any advice given. My grandfather died without leaving a will. He is survived by his wife and daughter and a nephew who they cared for as a son since my grandmother had lost a child at birth. My father was their only son but died on the highway before my grandfather. My aunt is a Canadian citizen and resides there. the adopted nephew has recently moved back to Trinidad and also recently got married.My brother sister and I have lived on this property for more than 30 years and have been paying all bills, now our children also reside there. The adopted nephew and his new wife wants us out of the property since my grandmother has put his name and my aunts on the deed. Can you please let me know if there is anything we can do to lay claim to what should rightfully be our fathers or at least stop them from evicting us.

    ReplyDelete
    Replies
    1. You have rights, but as you said, this is a technical issue, so you should send a private e-mail.

      Delete
  60. If Letters of Administration is granted,will property have to be legally shared among other siblings,
    even though one sibling said that she has a deed of gift with only her name on it that was given to her by a deceased sibling?

    ReplyDelete
    Replies
    1. If she has a legal deed with only her name, then it's only hers.

      Delete
  61. My grandmother died without leaving a will. At the time of her death she had 5 children alive. Nothing was done to her property but now only 2 of her children are alive. Can the grandchildren from her deceased 4 children also claim, or does the property solely belong to her 2 surviving children?

    ReplyDelete
  62. My mom died 2 weeks ago without leaving a Will. However, before she died she signed over the deed to her house back in Trinidad (we - including her - live in the USA) to my name two weeks prior to her death. What can I and should I do now? And How long do I have to do it? Again, I live in the USA.

    ReplyDelete
  63. Good day I am looking for advice on what percentage is used in calculating costs when doing letters of administration.

    ReplyDelete
    Replies
    1. You Lawyer will easily explain all of that to you at the consultation.

      Delete
  64. My uncle died recently and he had a wife and three children. He did not leave a will. Nothing was in her name and they were married for over 36 years. How will the property be distributed in this given situation?

    ReplyDelete
    Replies
    1. First 50% value of assets to wife. Second 50% shared equally among children.

      Delete
  65. My Husband died and did not leave a will he was divorced before and had a son which is now 25 yrs old from the previous marriage. Also, he has two kids with me who are minors ,is his son entitled to anything in the home that my husband and I built?

    ReplyDelete
    Replies
    1. If everything you have was acquired after your marriage to him, then the adult son has no entitlement.

      Delete
  66. My mom died 11 years ago..without a will. Am the only child. I would like to know if to much time has passed for me to claim for her assets.

    ReplyDelete
    Replies
    1. No, but you will have to state a reason for the delay, since 12 months have passed.

      Delete
  67. My Dad and i have a joint bank acc..he puts a deposit every month, He is old now and i was wondering when he dies, would i be able to do as i please with whats left in the account or do i have to share equally with my sybblings? My dad says its mine when he dies..What does the law in Trinidad say with this matter?
    Thanking you in advance.

    ReplyDelete
    Replies
    1. Plenty more questions to ask first:
      1. Is the bank account a joint tenancy or a tenancy in common?
      2. Do you contribute to the account or use the money freely?
      3. Why doesn't he simply make a Will?

      Delete
  68. Thanks for responding!
    1. Joint tenancy
    2. No i do not contribute, my dad, who is a pensioner, puts some every month (somthing he initiated himself) he keeps reminding me that its for me..
    I never use the money because i think it should be his to use as long as he is alive, but a thought struck me what happens when he dies...if it is to be shared with siblings then it is not what my dad would have wanted.
    3. He has a will which he did before the account so it is not stated there.
    Thanks

    ReplyDelete
    Replies
    1. 1. Sure? http://trinidadandtobagolegalrights.blogspot.com/2010/09/co-ownership-of-land-joint-tenancy.html

      2. Ok

      3. A will can be changed at any point up until death once protocol is followed

      Delete
  69. Hello my dad died, he was a pensioner. Do his children have any legal right to his last pension or whatever he would have been entitled to had be been alive still?Even though i would have been the main one helping him while he was alive. If we his children have any right to his property and to his pension what is the procedure?

    YOur help will be greatly appreciated thank you.

    ReplyDelete
    Replies
    1. No Will? No wife?

      Children all get equal share of all his assets. You'd first need to get an Attorney to apply for Letters of Administration.

      Delete
  70. my great aunt died intestate without husband or kids leaving a house that is now dilapidated ,she has 1 sister alive that is now senile. i saw the deed in land registry that is still under her name. can i collect it and movie in ?

    ReplyDelete
    Replies
    1. What do you mean by collect it and move in?

      If you're the only surviving next of kin, you need to file for letters of administration.

      Delete
  71. If no will, no spouse, but several children, some alive, some dead, only those alive get something, the grandchildren nothing? Thank you!

    ReplyDelete
  72. Sorry, maybe I didn't ask the question properly. If someone dies without a will, having no spouse, 3 children alive out of 5, how are the goods, mainly house going to be divided? Only between the 3 alive children, or the part that would have been for the other 2 dead children (meaning goods, house, are split in 5) is going to go to their children, meaning the grandchildren of the deceased? The 2 dead children were not alive at the time when the deceased died. Thank you again!

    ReplyDelete
    Replies
    1. Yes, that's how it works. The grandchildren will benefit.

      Delete
  73. if my husband dies we built our house in rent land but for over 25 years there is no ower for the land because he never registered the new house because its still not finished but family him they want to claim the house what is my rights as his wife an he has two children outside of the marriage

    ReplyDelete
  74. Good day. Are their any provisions to the Laws of Trinidad and Tobago for a gay cohabitulating couple who intend to be seperated after 6years with regards to distribution of property and legal rights to a child whose legal guardian is one of the men (in this case a relative) . Also are persons in this relationship covered under the Domestic Violence Act?

    ReplyDelete
    Replies
    1. No laws in Trinidad & Tobago cover any of the issues you've raised.

      Delete
  75. Hi, my father passed away recently leaving no will at the time of his death I was living there with him along with my husband and family. There was also a young woman and her child who my father gave shelter because she was experiencing personal problems and had no place to stay. Since his death she claims that she is his daughter and while the family was in mourning went and changed all the utility accounts from my father's name to hers she does not carry my father's surname and I had never seen this person until she came to stay at our home. Now she is pressuring me and my family to leave my home. what are my rights?

    ReplyDelete
    Replies
    1. Who's your father's next of kin? Where's his spouse/partner?

      Once the next of kin is established, you have to apply for letters of administration.

      Delete
  76. my aunt's husband died intestate, had no children, she was granted letters of administration, she passed leaving bank accounts, stocks, cds, sitll in his name ONLY!!! I now have the letters of administration, in the estate of my aunt! what happens to the accounts etc...

    ReplyDelete
    Replies
    1. Not a matter to be dealt with over the internet. Visit a Lawyer or send me a private e-mail.

      Delete
  77. Good day, My Dad deceased left a will. He had 10 children. 5 whole blood and other 5 half blood. On one portion of property he give 2 whole blood and 2 half blood portions. 1 half blood person died with no beneficiary. Will you kindly let me know how to resolve this.

    ReplyDelete
  78. My grandfather was suppose to inherit land in tobago from a will made by his cousin but the process never went through and that will was lost and he died after....my mother and her brothers told the family that was renting on the land to move off from the land .. now over 15 years the family has been living on the land and was not paying rent... the man that was paying rent in the beginging and daughter moved to trinidad about 7 years now and his child mother and son remained on the land living and just started building a house .. i found a bunch of receipts showing that my family was paying some land tax for it .. is there some way i can get them off and obtain a deed for the land in my name or in my mother's name.

    ReplyDelete
  79. y grandfather was suppose to inherit land in tobago from a will made by his cousin but the process never went through and that will was lost and he died after....my mother and her brothers told the family that was renting on the land to move off from the land .. now over 15 years the family has been living on the land and was not paying rent... the man that was paying rent in the beginging and daughter moved to trinidad about 7 years now and his child mother and son remained on the land living and just started building a house .. i found a bunch of receipts showing that my family was paying some land tax for it .. is there some way i can get them off and obtain a deed for the land in my name or in my mother's name.

    ReplyDelete
  80. A family home and land is left intestate, when the last of 2 parents died in 2001, and left 6 children. All children moved out of the family home by about 1990 except 1 child (child A). Child A remained and lived with and took care of both parents until they passed away. Child A also gave birth to a child (Child of A) a few years prior to 1990 and that child also lived with Child A at the same family home. Child A passed away also about 3 years ago and the Child of A continued to live in the home from birth to present (over 25 years). Does the Child of A have any rights to the house and land? What can the child of A do now, as the other 5 seem to be taking the position that they own and do not wish to give any rights to the Child of A. Can the child of A be put out or removed? What's the status of the Child of A?

    ReplyDelete
  81. Hi

    My mom died leaving no will. She has 6 children and my father is still alive but he had a stroke and his entire left side is gone. In this regard my mom was given rights of everything he had since he could not function on his own. So there is a land in trini that my momlleft for my sis and I, I live NY she lives trini. my brother however currently lives on the land but my mother never wanted his name to go on the land. Will I be able to come down and put me and my sister's name on the land? I have all the documents myother left. But my brothers say that there are some people inquiring about the land as to who the owner is etc. Do I have to live in Trinidad to own the land or have my name on it? Please advise.

    ReplyDelete
  82. how to send you a private e-mail ?

    ReplyDelete
  83. mother died with one home and other home my father home (who they were married) had was still in probate at the time of her death. court awarded my mothers cohabitanal husband a share. what exactly is his share when he brought nothing into either home but met her after she was establish. she left five children behind.

    ReplyDelete
  84. Good day, a close friend left me as her beneficiary for some of her affairs in order to do certain things for her after she passed. the claim requires letters of administration to be processed, however she had no will and her relative will be applying for the letters of administration.. what does this mean? does it mean that the relative would now be getting the allocated funds? would she be getting the funds in her name then to be distributed ? how does it work in this case?

    thanks much

    ReplyDelete
    Replies
    1. How could you be a "beneficiary" when there's no Will?

      Delete
    2. my apologies for any mis-communication due to my wording... i meant beneficiary to a life insurance plan which i was told requires a letter of administration in order to be processed even though I am the beneficiary of the plan...

      Delete
  85. Good Morning, Can you tell me what is the fee for a copy of a deed?
    Thank you.

    ReplyDelete
  86. My father died in 1993.he is legally married and he never got divorced,he had to children in wedlock and two children out of.he lived with his last child mother on the property for ten years up to the time of his death.she is currently living on the same property and now she has put it up for sale.can she sell the property or can his legal wife or children claim it

    ReplyDelete
    Replies
    1. This is very complicated because everyone has a potential claim. You need to visit to a lawyer.

      Delete
  87. How long does it take for a missing person to be declared legally dead

    ReplyDelete
  88. Good Day, Both of my grandparents passed away (my grandfather 10 years ago and my grandmother one month ago) There are some assets in Trinidad (House, Bank Accounts, Stocks) with no will. My father is hospital bound in Toronto, Canada and can not travel to Trinidad to do any necessary paperwork (he is the only surviving child). What would you recommend a lawyer or is there a ministry to call to get more infomation? I am new to all of this but with my dad ill and mom not around anymore it falls on me to research this. Thank you

    ReplyDelete
    Replies
    1. Send me an e-mail, so I can guide you further.

      Delete
  89. hi, please advise me, my common law husband is married before and he has 2 children with her.they have been separated for maybe 5years now but she dont want to give my husband a divorce knpwing that I am not a trinidadian. we have been living together for 4 years now and have 2 kids ages 5 and 2. At present the house and land where we are living is my common law husband name alone.If something happen to him can his legal wife put me outside from the house? because right now the legal wife and their children are only renting a house.. please reply..

    ReplyDelete
  90. I have a question. If someone was married and while they were married they had 3 kids and built a house where both their names were on the deed. They then got divorced and the wife remarried and started a new family leaving the husband in the house with both their names. Now the husband is dead and didn't leave a will and the ex wife is claiming that her name is still on the deed. Who is entitled to the house. The ex wife and children or is it the children only.

    ReplyDelete
    Replies
    1. Both the ex wife (only because her name is on the deed) and the children.

      Delete
  91. what are all the requirements needed for my grandfather to sign over the house to his granddaughter

    ReplyDelete
  92. Good day to you, my mother died seven years ago without leaving a will. I have three other siblings and we spoke of letters of Administration in the past. The problem is there is a lot of contention in the family since mom passed away, mainly because I am the eldest and the one that helped her to build a property while I worked in the UK for a long time. My siblings were always very envious of the close relationship I had with my mother, now they are not coming forward to agree with me on anything. Meanwhile one of my brothers died two years ago leaving behind four illegitimate sons who has seized occupation of the property I helped my mother to build. They claim that they have rights and that no one can put them out. I am forced to seek rented accommodation else where since they have become very abusive and constantly threatening my life. They have stolen all my household belongings and sold all my precious items I possessed which I bought from the UK. The Police has refused to intervene saying that I cannot prove that they stole my items and that they have a legal right to the property, My siblings on the other hand is laughing at me and refused to help simply because we were told by a Solicitor that if the property is sold the person that spent the majority in the property will be paid and then the rest will be divided amongst the others. Because of this statement my siblings decided the property is not worth fighting for because they would get very little. The Property is a six bedroom worth two million dollars. In the meantime my brothers sons are destroying the property and it has dilapidated with broken glass windows, doors and even the roof falling apart, also no electricity. Please tell me what should I do? Thank You.

    ReplyDelete
  93. I have a question, my father died a week ago, and he left a house and money in Trinidad and Tobago, there is a big issue because he was deported and then nothing was in his name, he was from Venezuela, so my question is, if he has an opened deal with the house , which it mean the owner of the house was an American man who sold the propiety if there any possibility for me and my mother to get that house? Cause now we found out he got a woman in there in Trinidad something that we didn't know till now, and my concern is that she keeps with everything that belongs to my dad, he was still married with my mother and was the legal wife for 27 years so I wanna know if there is any way for us to recover anything from him, last time my brother spoke to that woman in there, she blocked him and told that she is not giving anything to us!. And we really need that because he left us poor. Please help!

    ReplyDelete
    Replies
    1. This comment has been removed by the author.

      Delete
  94. I have a question, my father died a week ago, and he left a house and money in Trinidad and Tobago, there is a big issue because he was deported and then nothing was in his name, he was from Venezuela, so my question is, if he has an opened deal with the house , which it mean the owner of the house was an American man who sold the propiety if there any possibility for me and my mother to get that house? Cause now we found out he got a woman in there in Trinidad something that we didn't know till now, and my concern is that she keeps with everything that belongs to my dad, he was still married with my mother and was the legal wife for 27 years so I wanna know if there is any way for us to recover anything from him, last time my brother spoke to that woman in there, she blocked him and told that she is not giving anything to us!. And we really need that because he left us poor. Please help!

    ReplyDelete
  95. where do i get a deed for when my dad is signing the house

    ReplyDelete
  96. We really need help only to know please!..

    ReplyDelete
  97. Hi. My family really needs some advice. My grandmother was cared for from birth by her mother's paternal half sister and her husband. The couple had no children. They did not adopt my grandmother and they did not obtain legal guardianship of her. The land where they lived was land rented to my grandmother's aunt's husband through the company he worked. He died in the 1980s and his wife dies in 1998. Letters of administration were not done. My grandmother had children and lived in the said home, she continued to pay land rent and utility bills.
    My grandmother now wants to obtain rights over the estate. She has an aunt and an uncle who are the paternal half siblings of her deceased aunt. They are not in opposition to my grandmother making such application. On legal advice, we've gone ahead and done a land and property valuation and acquired affidavits from persons stating that my grandmother was essentially a daughter to the couple. At this point the lawyers we've seen seem unclear as to how to proceed.

    Does the fact that my grandmother is not a child(biological/adopted) of the deceased affect her eligibility to apply?

    Can major construction works be done while an application is being made since this can affect the value of the property?

    Thank you in advance for your help. There has been a real lack of guidance on this matter.

    ReplyDelete
    Replies
    1. I don't give advice. Contact a lawyer for sound legal advice.

      This blog is for informational purposes only.

      Delete
  98. I forgot to add that both my grandmother's aunt and her husband left no will.

    ReplyDelete
  99. Hi my father died a month ago am his only daughter but he did not sign my birth certificate. my family is waiting for me to get to Trinidad they said he left everything for me. My problem is how to prove he is my daddy

    ReplyDelete
  100. my father died leaving everything to me no will am his only daughter. is there a way to prove am his daughter because he is not on my birth certificate?

    ReplyDelete
  101. My dad was kidnapped ten years and was never found. He has three business that is solely in my mother's hand at the moment. My father and her were never married she has also taken up common law relationship with someone else. She keeps saying to us my father left no will and that everything is hers.up to this day she has not registered him dead nor have his name been removed from the bill (electricity,wasa ) etc. In all my dad has 4 daughters. PS every land is solely on my father's name alone , also wen he got kidnapped she was incarcerated in prison for approximately 4 yrs.

    ReplyDelete
  102. My brother died without leaving a will. However he has left me as the beneficiary of his shares in a corporation. All his assets were on his name only. His wife is applying for probate letters I believe it is. My question is if she becomes the administrator of his estate would she be able to cease the shares that were left in my name?

    ReplyDelete
  103. My brother passed away at 29 years. He left no will although he had a considerable amount of assets. However he left my name as beneficiary of some shares in a corporation. My intentions are to transfer these shares on his only child's name (6 month old) because I fear his wife would squander his assets and leave her daughter without a financial start in life. I know she lost her father but I don't want to feel that he didn't die leaving nothing. His wife wants to apply for probate. If she receives it would it be possible for her to achieve rights to the shares left on my name?

    ReplyDelete
  104. Hi, my grandfather had a will leaving 1 lot of land to my mom with my uncle ad executor. Will was probated but my mom passed before it was done without a will. She always said the land was for me. I got it after some run around from said uncle, now he wants copy of her death certificate. Can he do anything with this?

    ReplyDelete
  105. Hi, my grandfather had a will leaving 1 lot of land to my mom with my uncle ad executor. Will was probated but my mom passed before it was done without a will. She always said the land was for me. I got it after some run around from said uncle, now he wants copy of her death certificate. Can he do anything with this?

    ReplyDelete
  106. If the common law spouse was married to a man without divorce, before she started living with the inestate but has children for the inestate. Would she be able to inherit property and assets from the in estate?

    ReplyDelete
  107. My father died intestate. He was married before and had one child but separated from his wife before she died (not sure if the marriage was legally terminated). He then was in a common law relationship with my mother and had me. They then separated after my birth and he was then in an active common law relationship up until time of death but had no children. His estate now has no legal ownership. I am interested in acquiring ownership to pay off his arrears and unfulfilled business transactions however I have no active communication with my half-sister and my father's common law wife whom I believe would have a common interest in sharing his estate (or if not, sharing would be dictated by intestacy law anyway). Please point me into the right direction because I have no official documentation and don't know where to begin.

    ReplyDelete
  108. Hello, thank you for all the useful advice. My father passed away last year without a will. He was legally remarried with no children, but 3 children from his first marriage. I understand my step mother is entitled to half of the property but I have a few questions please:
    1 - do I need to post an ad in the paper to see if there is anyone else who has claim to the property
    2 - how do I/we claim our 50% of the property, what steps need to be taken
    3 - do I need a lawyer
    4- If I am coming home to deal with this on my own, do I need power of attorney from my sisters to handle this matter on behalf of all 3 of us

    I am sure there are more questions, but this is all I can think of right now.

    THank you,
    A.

    ReplyDelete
    Replies
    1. When you retain an attorney, you will be guided accordingly.

      Delete
  109. Hello,my grandmother deeded land to my mother and uncle. My mother died without leaving a will. Do her share go to he children?

    ReplyDelete
  110. Hi my both parents died and my dad left land. I have 1 sister who lives away and 1 brother. My sister wants us give her all rights to the land and say we dont want to have anything to do with it. But my brother is not 18 yet can he even have a say since hes below tge age of 18

    ReplyDelete
  111. My soon to be ex wife wants to claim for gifts tha tws given to me by my father (Rolex watch ) and when he passed away he gave me the house. My mother name is on the house and curenttly living in it. Does my ex wife to be have any claim to my inhertiance or future inhertiance when my mother passes away ??

    ReplyDelete
  112. Good day, my grandfather (now 71) had a bank account some years now but he was in active with using the account.While cleaning he found the bank book and realized he still had money in the account as he forgot about the account years now.When he went to the bank to get information on the account they said they are not seeing that account on the system. What should he do? Will he be able to get back the money or account with the money? What should he do i believe he has been to a lawyer already im not sure. What are the legal rights on this matter?

    ReplyDelete
    Replies
    1. If the bank cannot find his account, what do you expect any one else to do about that?

      Delete
  113. If my husband built a house and the land is being rented by his mom and his grandmother (deceased) from Caroni.Can she at any time claim our home? Can she throw us out? After he dies, can she claim the house from me? She is threatening to throw us out, is there any way we can purchase the land from Caroni seeing that she is renting? We really need some advice asap because there was an agreement with both parties and now we will most likely will be thrown out. I really need some advice. Thank you

    ReplyDelete
    Replies
    1. You cannot be thrown out without being compensated.

      Delete
  114. hi,I am legally married to a trinidian and have no children with him. I have a daughter from my previous marriage but my husband have 3 children, over 30 years of age, not married, from a previous marriage and they are not minors.would they still have
    right over any inheritance. My husband got the property from his mother as a gift. Never made any will

    ReplyDelete
    Replies
    1. You will need a proper legal advice at a consultation for these complicated matters. Send me an e-mail.

      Delete

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