Legal Question in Wills and Trusts in Trinidad and Tobago

Hi good day my grandmother passed away almost ten years ago and she never made a will for her estate. My dad who is now deceased applied for a grant to probate her estate,which was withdrawn by the court because his brother objected to it. Now that said brother was granted the letter of administration for the probate and he now saying that we are entitled to get nothing unless he gives it to us (us: meaning the children of the deceased person that was granted the letter first) What can i do in this situation and is the information that my uncle is relating to us true?

Asked on 10/17/16, 7:23 am

1 Answer from Attorneys

ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

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There are several incorrect legal terms being used. If your grandmother died without a will (intestate) then the application for her estate is letters of administration (not probate). Why would your dad's application be withdrawn by the court and your uncle be allowed to be granted letters of administration? Is it because your dad died before he got the grant?

Once your dad died after your grandmother his estate is entitled to his share in her estate however you have to apply for letters of administration (if he has no will or probate if he left a will) for your dad's estate which will include in the inventory the share of your grandmother's estate.

Your uncle can only device your dad's share to your dad's personal representative and no one else. If he is still unwilling then the personal representative can sue your uncle for your dad's interest.

Anand Seepersad [email protected]

Answered on 10/17/16, 8:28 am

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