Estates and Probate

In Trinidad and Tobago, to distribute a deceased person’s assets, someone must first obtain a grant of representation from the Court. It is important to know which type of grant is needed. There are four types of grants: a grant of probate, a grant of letters of administration, a grant of probate with will annexed and second or subsequent grants. It should be noted that all applications for these grants must be made by an Attorney-at-Law. The required documents which include an affidavit sworn by the applicant must be lodged at the Probate Section in the High Court Registry.

Grant of Probate - Dying with a will

This grant is appropriate when a person (the testator/testatrix) dies leaving a valid will. The named executor/executrix in the will must make an application for a Grant of Probate so that the gifts in the will can be distributed. The executor/executrix has the legal authority to deal with the estate as that person is entitled to apply for it. The deceased can name up to four executors/executrixes in the will.

Grants of Letters of Administration - Dying with no will

When a person dies without leaving a valid will, that person is said to have died intestate. Intestacy rules in Trinidad and Tobago are found within the Administration of Estates Act (ss. 23-31) and The Distribution of Estates Act 2000. The deceased’s estate will be distributed in accordance with intestacy rules.

An application for Letters of Administration must be made so the deceased’s estate (all his/her property) can be distributed after debts and expenses are paid according to the Acts mentioned above.

The persons who are entitled to apply for this grant is contained in s. 30 (a) of the Wills and Probate Act Chap 9:03:

1. The surviving husband or widow of the intestate;

2. The next of kin;

3. The Administrator General.

Grant of Letters of Administration with will annexed

This grant is necessary where the deceased has died leaving a valid will, but the requirement or status of an executor/executrix is in question. Therefore, in certain circumstances, such a grant will be issued, some of which are:

• The deceased did not appoint an executor in the will

• An executor was appointed but predeceased the testator, or died after the testator but failed to prove the will

• The executor has renounced probate or has not taken out the grant

The Court in this instance will appoint a personal representative of the estate. A maximum of four legal personal representatives can be named.

The persons who are entitled to apply for this grant is contained in s. 30 (b) of the Wills and Probate Act Chap 9:03:

1. The residuary devisee or residuary legatee;

2. A devisee or legatee;

3. The next of kin;

4. The Administrator General.

Second or subsequent Grants of Representation

This is a special type of grant and it’s required when the administration of the deceased’s estate was not completed. This usually happens when the legal personal representative dies after being granted the particular type of grant, and therefore could not complete its administration.

Those persons entitled to apply for such a grant are the same as those who are entitled to apply for a grant of letters of administration.

Disclaimer: This blog post and website contains general information for educational purposes only and should not be construed as or substituted for legal advice. If you require specific legal advice please, contact a suitably qualified attorney.