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Monday 25 January 2016

Section 34 Privy Council judgement

The judgement by the Judicial Committee of the Privy Council in the conjoined matters of Steve Ferguson, Maritime Life (Caribbean) Limited and others & Ameer Edoo v the AG of Trinidad and Tobago was delivered on 25 January 2016. Here's a copy.


Tuesday 12 January 2016

Joint Tenancy v Intestacy

Q:
Hello,
My intestate father died leaving his estate. Although you informed me that his wife gets half and the children the other half; if his properties were Joint Tenancy with his wife, are the children still entitled to half his estate?

Thanks,
Curtis
 
A: 
In a joint tenancy, intestacy rules do not apply. Instead, we must rely on the “right of survivorship”. Survivorship means that when a Joint Tenant dies, his/her heirs have no claim in the property because the property is left for the surviving joint tenants ONLY.


This is usually a problem when a step-parent comes into the picture and s/he doesn't have a good relationship with the children from a previous relationship - those children usually get nothing.