Legal Question in Wills and Trusts in Trinidad and Tobago

my mother died 5 years supposedly intestate at the time.Now my sister says she had a will after all .but my sister refuses to show her 4 surviving siblings the will.can we legally make her do so.IF yes advice to that would be greatly appreciated

thanks


Asked on 7/12/14, 12:06 pm

1 Answer from Attorneys

ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

The law has provision for that situation....The Will and Probate Act Ch 9:03

Summons to discover Will

S 22 Will and probate Act

The Administrator General or any person alleging himself to be interested in the estate of any person deceased may by summons at any time call upon any person whom he alleges to be in possession of any Will of the deceased to produce the same; and the party upon whom such summons shall be served shall appear on the day to be named in such summons, and shall be bound to produce any such Will, and no Will afterwards propounded by the person omitting or refusing to produce the same in obedience

to such summons shall be admitted to probate at any time thereafter without express leave of the Court.

Penalty for not producing will

S23. Will and probate Act

Any person refusing or omitting in obedience to such summons to produce, at the time mentioned in such summons, any such Will purporting to have been executed by the testator, if it is at any time proved that any such Will was at the time of the service on him of such summons in his custody or control, shall be liable to attachment

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Answered on 7/12/14, 3:02 pm


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