Legal Question in Wills and Trusts in Trinidad and Tobago
I am purchasing a property which is covered under a deed with other properties ( a piece of land divided into separate parcels). The owner is deceased and left a will with named beneficiaries and an Executor. The proceeds of the property I am purchasing goes to a beneficiary and not the Executor. What documents do the Executor have to prepare before he can sell to me via the Sale Agreement?
1 Answer from Attorneys
In purchasing a parcel or lot of land the owner(s) must have a title to the lands in the form of a deed or certificate of title. The Executor has the power of sale however I will recommend that the will be probated and the lands assented to the named beneficiaries.
The new owners can then sell part of the parcel but each owner must sign your deed. Once the Executor assents the land to the beneficiaries, the Executor has no further part to play with respect to the lands.
You are preparing to spend considerable monies on the purchase of land I suggest you contact an attorney-at-law and obtain full advice on this transaction. Please be advised if the lands are held by certificate of title, partition plans must be approved by the director of surveys having met all the necessary approvals before any part can be transferred.
Anand Seepersad
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