Legal Question in Wills and Trusts in Trinidad and Tobago
My mom died naming me the executor and sole beneficiary of her will. The estate only consisted of a portion of land. After the probate had been granted. What is the next step? Do I need a deed of assent before I can give it to my daughter?
2 Answers from Attorneys
Yes a deed of assent is needed to move the legal interest from your mom to you, the sole beneficiary. It is only after the deed of assent can you transfer to your daughter keeping any interest ( joint tenant/ tenants in common/life interest). You can transfer the property from your mom directly to your daughter in your capacity as the executor however I prefer to follow all the steps so the title can be shown moving each step.
Anand Seepersad
I would advise to transfer the property directly to your daughter, as this will result in lower fees payable to both Inland Revenue (stamp duty) as well as your attorney, as only one document will need to be prepared instead of two. However, the advise of Mr. Seepersad is accurate.