Legal Question in Wills and Trusts in Trinidad and Tobago

Hi im an onlychild to my dad and lived wuth him for the last 33 years. I have since upgraded the property and build an additional part for my kids and husband. My mom and him were seperated and were not living together but they were still good friends and probably still doing things under low as she was married to someone else. Now my dad has passed away and i understand he left my mom as executor of his assets. The witnesses which were his brothers both said that my dad bought a documents in seperate instances for them to sign.he requested dat they dint read it though.the document were signed by both parties in seperates instances and none of them witnessed him signing. My mom has not shown the will but is demanding that i leave his premises and hand over his cars.i bought the cars through my monies snd bank accounts but they were on my dads name.what should i do?? should i hand up everything n leave or do i have any rights????


Asked on 9/04/16, 11:49 am

1 Answer from Attorneys
ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

Based on the information provided the will is not valid and can be set aside. The law requires that both witnesses must witness the testator (your dad) sign or mark his will in their presence and in the presence of each other both being present at the same time. The witnesses must sign their names as witnesses in the presence of each other. Please note a testator can sign, place a mark or thumb print as his mark on his will but the witnesses must sign their names.

One the witness declare they were never together and witnessed your dad sign the will the will is invalid. Your mom is not the legal spouse of your dad if she is married to someone else. She may have a claim as a co-habitational (Common law) wife but that is for the courts to decide. in the absence of a valid will your dad did intestate (no valid will) and if you are the only legal child then you. are entitled to the estate of your dad. Is your dad's name on your birth certificate under name of father?

Anand Seepersad [email protected] 18687863240

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Answered on 9/04/16, 7:00 pm


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