Legal Question in Wills and Trusts in Trinidad and Tobago
Dear Sir, My Mother survived my late Dad who Passed away before my mom. They were not legally married but had 4 children together. My Mom lived and passed away in the UK leaving a Will appointing me as the executor and sole beneficiary to a parcel of land she owned in common tenancy with my late Dad in Trinidad. The Will is currently being probated in the UK. My Dad also has a number of children with another Lady to whom he legally married after separating from my mother. once I received the Grant of Probate to execute my Mothers Will from the UK Probate Court will I have to Probate the Will again in Trinidad? How do I get the portion of land allocated in the Deeds to my mother transferred to my name? Will the Partition process need the consent of the others inheritors my father left. What does the entire process involves. Thank you for your time and support.
1 Answer from Attorneys
Dear Sir, This is a complicated matter. Your dad's estate is separate from your mom's. The grant in the UK can be resealed in Trinidad. You may however face a greater challenge in the equitable interest in the property.
Please note one's legal title to a property can be extinguished by adverse possession.
How long has your mom left the property? Who currently occupy the property? If the current occupiers have been in exclusive possession of the property for more than 16 yrs (without you and/or your mom being there) then all your legal rights to the said property may be extinguished.
In dealing with property both the legal and equitable interest must be considered together.
[email protected] 786-3240 271-2690 673-7023
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
