Legal Question in Wills and Trusts in Trinidad and Tobago
Hi, my father passed two weeks ago in August 2014. In June 2014 while warded at the hospital he wrote a will which he listed me, hi daughter, as the executor of his estate and it was witnessed by three persons. Unfortunately, he never registered the will and now it is in my possession along with his death certificate and other documents. Is this will valid and can it be used to obtain letters of administration?
1 Answer from Attorneys
A will does NOT have to be registered. Once your dad had the capacity to execute a will that was witnessed by two witnesses all three persons being present at the same time then the will seems valid. A witness and spouse cannot benefit from a will.
All you need is the Will, a witness oath ( one of the witnesses will have to declare they were present together with the other witness and in the presence of your dad and each other witness the say your dad sign the will and they signed as witnesses) your birth certificate showing your dad as your father (he appointed his daughter the executrix) and copy of deeds/certificates and so on listing his assets.
Anand Seepersad (1-868) 786-3240
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