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Sunday 18 December 2011

Creating your own Will

Q: Can I make my own Will?



A: Yes, you can, but you must understand the laws regarding Wills and you MUST ensure that the Will meets the legal requirements in order for it to be valid. Therefore, I would recommend having someone with legal knowledge prepare your Will.
In Trinidad and Tobago, the laws regarding Wills are enshrined in the Wills and Probate Act - Chapter 9:03.


Capacity
The Testator (person writing the Will) must be 18 years old or over and of sound mind, memory and understanding.

Intention
There must be clear intention to dispose of the property. If a Testator is unduly influenced (coerced or pressured) or forced into making the Will, a Court may set it aside. Similarly, a Court may set aside all or part of a Will if the execution of a Will was obtained by fraud or if it was forged after the person’s death.

Signature and Attestation
In the majority of cases, a Will must be in writing for it to be valid, although there are certain exceptions to this general rule. It must also be signed by or on behalf of the Testator, and the signature must be made in the presence of 2 witnesses present at the same time.

Sample Attestation Clause:
We, the undersigned Testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:
(1) that the Testator executed the instrument as the Testator's Will;
(2) that, in the presence of both witnesses, the Testator signed or directed another to sign for the Testator in the Testator's presence;
(3) that the Testator executed the Will as a free and voluntary act for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the Testator and of each other, signed the Will as a witness;
(5) that the Testator was of sound mind when the Will was executed;
(6) that to the best knowledge of each of the witnesses the Testator was, at the time the Will was executed, at least eighteen (18) years of age.

Alterations
Any alterations made to a Will after it has been executed, will not be valid unless the alterations have been duly executed (meets all necessary requirements listed above).


Q: What happens after death?

A: Probate is a process by which a Will of a deceased person is proved to be valid. Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid Will. A probate court decides the validity of a Testator's Will.

A Probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.

28 comments:

  1. Is it probate always required?

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  2. Is it Probate always required?

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    Replies
    1. As long as assets are in the name of the deceased, yes.

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  3. How much do you charge for a will? If I do it by myself -as above-will it still be legal? Thanks

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    Replies
    1. A Will is small money...

      I don't recommend it because of the wording required, but you can do it yourself... have it signed by 3 witnesses, who aren't family members.

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  4. How does a legal will holds up in court if I decide to get a divorce?
    How will my assets be distributed if my current husband is not in my will?

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  5. where can i go to have a will done

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  6. How much does a lawyer charge to do a will?

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  7. can a will be probated more than once, by a beneficiary of the will then by the executor

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  8. Hello,

    My grandmother passed away several weeks ago. She was a US citizen, but had bank accounts in T&T (as she lived there for many years).

    As her executor, I now have to close these accounts and access the funds to distribute to the beneficiaries as named in her will.

    I am in the process of obtaining a Letter of Administration from the American courts (in Florida, where she was a resident) to give me the authority to settle her estate.

    My questions is whether an American Letter of Administration (the equivalent of a grant of probate in T&T) will be accepted to close her bank accounts in T&T?

    Thank you very much.

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  9. can somebody who have Alzheimer make a will or do a transfer of title

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  10. my farther singed over his house to his lawyers wife cant i get a lawyer to do a deed in my name so his lawyer dont get his house

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  11. Is it in Trinidadian law that a lawyer needs to evaluate land property before writing a will? The lawyer i spoke to wants to evaluate the value of the land before writing a will.

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  12. If someone makes a will and get married after to a foreigner an live abroad who gets charge of his estate

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    Replies
    1. All previously executed Wills become void at marriage. A new Will has to made after. If the married person is now deceased without a will, entitlement to the estate becomes governed by the rules of intestacy.

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  13. Hello,

    Would a will written and executed in Canada by a Tridiad citizen be valid and enforceable in Trinidad and Tobago or would a second will (created in Trinidad) be necessary?
    Thanks

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  14. My father in law has no legal document like a deed to the land he lived on but pass away leaving a will to his other son,his other son lived on the land too can he throw us off the land even if his father never owned it

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  15. If a will is done and is not registered but has an executor can his/her married children apply for an letter of administration an gain control of the deceased assets?

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  16. If a will is done and is not registered but has an executor can his/her married children apply for an letter of administration an gain control of the deceased assets?

    ReplyDelete
  17. If a will is done and is not registered but has an executor can his/her married children apply for an letter of administration an gain control of the deceased assets?

    ReplyDelete
  18. If a will is done and is not registered but has an executor can his/her married children apply for an letter of administration an gain control of the deceased assets?

    ReplyDelete
    Replies
    1. If the Will follows all statutory requirements, it is valid and a grant of probate must be done by its executor. If the executor cannot apply for the grant or is unwilling to do so, then Letters of Administration with Will Annexed must be done.

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  19. What is an approximate cost to probate a will in trinidad?

    ReplyDelete

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