Legal Question in Wills and Trusts in Trinidad and Tobago
If a legal personal representative dies before executing a deed of assent in respect of her deceased husband's property, how can the property now pass to her next of kin?
1 Answer from Attorneys
Your have not provided adequate information to provide a specific advice. The deceased could have died testate (leaving a will) or intestate (no will).
Assumption he died testate (will) the first question is whether the wife left a will. If she did the executor of the wife's will when having obtained the grant of probate for her will can administer both estates by virtue of a principle in law referred to as the chain of representation.
If the wife died intestate (no will) the chain of representation had been broken or if the husband died intestate the following must be done:-
One or up to four of the beneficiaries must apply for and obtain a de bonis non. A de bonis non is an application to have one of the beneficiaries vested with the legal authority to administer the estate following the passing of the personal representative.
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