Legal Question in Wills and Trusts in Trinidad and Tobago

can a widow whose husband died intestate make a will with regard to property solely owned by her deceased husband before filing for letters of administration


Asked on 5/11/16, 9:40 am

1 Answer from Attorneys

ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

The short answer is yes. I can purchase a lotto ticket with a jackpot of $ 5M. I can make a will giving you the winnings even before the draw. If the will meets all the requirements of a will, it is valid. If I die before the draw and the ticket wins, you are rich . If however the ticket did not win, the gift fails but the will remains valid .

She can will her interest in her deceased husband's estate while the process of letters of administration is being done or before. Her will comes into effect when she passes but she has the right to will her assets both present and future. A well drafted will should include a residuary clause that deals with assets not identified or not expressly stated therein, like one's entitlement.

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"Any other property or thing which I may die seised and possessed of or become entitled to I leave to my nephew JOHN DOE for his use and benefit absolutely"

Anand Seepersad [email protected]

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Answered on 5/17/16, 7:58 am


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