Legal Question in Wills and Trusts in Trinidad and Tobago

hi i have a will from my mom, but never knew i had to probate it . It's been over 13years she died and she left her sis as the executive. Can i make my own will without probating it? also the will is only for the house not the land does my aunt have any rights to the house?


Asked on 11/01/17, 8:02 am

1 Answer from Attorneys

ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

The short answer is yes but for properties/assets that you own. You stated that you mom left a will, appointed you aunt the executrix but did not state who was given the property. In addition it is your aunt who is the person who must probate the will (she is the named executrix and I hope she is aware of the Will). The probate must be done and if the land is not in the Will then the land will fall into the residue of the estate and given to the named residuary beneficiary or into intestacy.

You must have the will probated and the property devised to the named beneficiaries assent to. If you are a beneficiary, your devise will be yours to uses and willed if necessary. Your aunt will have an interest if she is a named beneficiary.

Please consult an Attorney-at-Law for a full legal opinion since your facts lack many details .

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Answered on 11/02/17, 4:34 am


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