Legal Question in Wills and Trusts in Trinidad and Tobago
my dad died and my step mother made a will giving everthing to her kids and got a nieighbour to go as withness i am living in a next country as my name is on this death certificate. what can i do about this.
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1 Answer from Attorneys
You will have to prove the will is invalid. If the will is valid the wishes of the testator must be carried out by the executor.
If the will is invalid then his property will be distributed according to the law.
Your name on the death certificate of the deceased has no legal benefits in terms of the estate of the deceased.
For a will to be valid the testator (your dad) must be at least 18 yrs and be of sound mind. The will must be written and signed (marked) by your dad [ signature or thumb print} and witnessed by two independent witnesses who must witness your dad sign or mark his will in his presence and in the presence of each other sign as witnesses. In order to probate the will one of the witnesses must attest to having witnessed your dad sign/mark his will and that the signature/mark is that of your dad and that the witnesses signed the will in the presence of your dad and in the presence of each other and that the signatures are theirs.
Anand Seepersad 786-3240 [email protected]
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