Legal Question in Wills and Trusts in Trinidad and Tobago
Hi, My grandfather left a will to his commonlaw wife. He was sick in bed at the time and was not able to go to an attorney's office. I am not sure who was present at the signing if anyone at all. By word of mouth he promised his two kids rights to the property, however everthing went to the commonlaw wife when he died. She gave my youngest sibling..my brother...the home that we all have resided in since birth. My mother and I got nothing. My brother was still in secondary school at the time and could not take care if the home or himself financially. Being the eldest I paid most of the debts and fixed the home which became very old and worn down by that time. I built a room and did several repairs to make it livable. Now that he's employed...he wants me and my child evicted. What is my recourse?
1 Answer from Attorneys
Your claim can be in equity if you can satisfy
1. your grandfather promised to give you the house
2 Based on the promise you acted to your detriment
a Consider benefit and detriment...You spent money(detriment) but you lived rent free (benefit)
b Calculate monies spent less rent you would have paid for the time you and your child lived there.
3 Your grandfather was free to will his property to anyone.
4 If his will was invalid did you contest its validity when it was been probated (the notice is always in the newspaper)
Anand Seepersad 1 (868) 786 3240
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