Legal Question in Wills and Trusts in Trinidad and Tobago
My grandmother passed a way a few years back and because the will appeared to be written suspiciously my father (her son) filed a caveat. The caveat has since expired and my father had decided to continue with the application for the grant of probation a few months back and move forward with completing the process (there is an executor). Since then, my father has passed away, unfortunately, prior to my grandmother's estate being settled:
1. Do I apply to probate my father's estate in the mean time? Does this mean that once my grandmother's estate is finalize everything listed in the will for my father will automatically transfer to me and my sisters equally because I have already probated my father's estate? ( My father never married and did not have a will)
2. Due to the suspicious nature of the will we are not completely convinced that the executor (my grandmother's brother) is doing his due diligence to execute the instructions in the will, namely; filing the application for the grant. Is there a way to check with the court to find out if the application has been filed and the status?
3. Do bank accounts that have a designated beneficiary skip the probate process? If so, can the named beneficiary go directly to the bank to collect their inheritance (submit necessary documents and start the process) or does the executor have to handle it?
1 Answer from Attorneys
The first issue that must be determined is whether your father was entitled to anything in the Will of your grandmother. I assume he was not or he believed he was entitled to a greater interest from your grandmother's estate. If your father was given all/majority of the property I am almost certain there will be no issue of a suspicious will. There are no other reasons for your father to file a caveat. For a caveat to be filed the will has to be processing.
Please obtain a copy of the will and obtain legal advise on your dad's interest in your grandmother's estate (if any). For your dad to file a caveat he would have known the application number for that probate. You can obtain that information at the probate section, Hall of Justice, Probate Section, Knox Street, Port-of-Spain. Please have a copy of your grandmother's death certificate or her correct name, date and place of death. You can request and obtain all information of the application.
Your father has since died intestate (no will). If he has assets that are not held in joint tenancy then Letters of Administration will be required. Only a will can be probated, if no will exist then the application is for Letters of Administration for the estate of the deceased.
You will be required to apply for Letters of Administration for the estate of your dad. In several cases where parents were not legally married, father's name is not inserted on the child's birth certificate. Is your father's name inserted under name of father? Please look carefully at your birth certificate. If your father's name is not inserted under name of father then you cannot apply for his estate unless a paternity order is obtained from the courts.
There are several issues relating to the estate of your grandmother and your father that have been raised. I suggest you consult with an Attorney-at-Law for detailed advice on how to proceed with your case.
Anand Seepersad [email protected] office no. 271-2690
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