Legal Question in Wills and Trusts in Trinidad and Tobago
I bought a vehicle a couple months ago from a woman whose husband has died. I was informed by the same lady that the vehicle will not be able to be transferred at that time because the paperwork for the probate is not ready yet, it will be ready in about 6 weeks from the day i purchased the vehicle. 6 months has passed and i was told that the vehicle still cannot be transferred because the probate was challenged by the deceased person's older children from a previous marriage, so his entire estate, which includes the vehicle, is being disputed in the courts. Knowing this I asked for a refund of which she refused to refund this vehicle. The vehicle is parked up because I cannot get insurance, I cannot sell the vehicle because of the legal problems. What are my legal options?
1 Answer from Attorneys
If you had done a search on the title to this vehicle your would had discovered it belonged to a person who is deceased. Until such time a grant of probate or letters of administration is obtained the personal representative is the only person who can transfer/sell the vehicle. The application is being challenged as such this matter can drag on for a long time. The vehicle may not belong to the wife nor is it certain she will obtain the grant.
I suggest trying to recover for breach of contract. The agreement for the sale of the vehicle included the transfer within a reasonable time. This has not happened as such sue for breach of contract.
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