FAQs

Frequently Asked Questions

Wills & Estates FAQs

What does it mean to die "testate" or "intestate" in Trinidad and Tobago?

Dying testate means the person left a valid will; intestate means they did not. In intestacy, the estate is distributed according to the Administration of Estates Act, with specific rules for spouses, children, and cohabitants.

Who inherits if someone dies without a will?

If there's no will, the estate is distributed as follows: 1️⃣If there is a spouse and no children, the estate goes to the spouse. 2️⃣If there are children but no spouse, the estate is shared equally among them. 3️⃣If there is a spouse and children, the estate is divided, with half going to the spouse and the other half to the children

Is a handwritten will valid?

Yes, if it's signed by the testator and witnessed by two individuals who are not beneficiaries.

Can I change my will after it's written?

Absolutely. You can update your will at any time by creating a new one or adding an addendum

Where should I store my will?

Store it in a safe place, such as with your attorney or a secure home location, and inform your executor of its whereabouts.

Letters of Administration

What are Letters of Administration?

Letters of Administration are legal documents issued by the Probate Registry that give someone the legal authority to manage and distribute the estate of a person who died without a will (intestate).

Who can apply for Letters of Administration?

Typically, the following people can apply: Spouse or common-law partner of the deceased, children of the deceased, parents or siblings (if no spouse or children). They must be next of kin and over 18 years old.

Is a lawyer required to apply?

A lawyer is not legally required, but it's highly recommended—especially for estates with multiple heirs or high-value assets. A lawyer can help avoid delays and ensure the documents are correctly filed.

How long does the process take?

It can take several months—on average 6 to 12 months—depending on the complexity of the estate and if all documents are properly submitted.

What documents do I need to apply?

To start you would usually need: The original death certificate, list and values of the deceased’s assets and liabilities, affidavit of next of kin, application form (available at the Probate Registry) and valid ID for the applicant(s)

What do I do if the grant is taking too long or if it urgent?

If your Letters of Administration grant in Trinidad and Tobago is taking too long and the matter is urgent, start by checking with the Probate Registry (directly or through a lawyer) to confirm if there are any delays, missing documents, or requisitions. If you need immediate access to the estate—for example, to cover funeral expenses or secure assets—you may apply for a limited grant (Grant ad colligenda bona) which allows temporary authority until the full grant is issued.

Probate FAQs

What is probate?

Probate is the legal process of validating a will and administering a deceased person's estate.

Do I need a lawyer for probate?

If the estate's value exceeds TT$4,800, a lawyer must file the application.

How long does probate take?

It varies but can take several months, depending on the estate's complexity and court schedules.

What's the difference between probate and letters of administration?

Probate is granted when there's a valid will; letters of administration are issued when there's no will.

Can I apply for probate myself?

Yes, if the estate is under TT$4,800. For larger estates, legal representation is required.

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