Legal Question in Wills and Trusts in Trinidad and Tobago

It is not necessary to have a will prepared by an attorney. However, if you are not aware of the formalities surrounding the preparation of a will, then I would advise against it. It is not a pleasant surprise to discover after the death of a loved one that the will they prepared cannot be admitted to probate because it was not correctly prepared. There is no need for a Commissioner of Affidavits or JP to sign a will for it to be valid.

With respect to a Power of Attorney, again, it is not advisable to prepare one yourself unless you fully understand the law. Using an online template is a good start, but in a lot of cases the provisions would need to be adapted to your particular situation. A Power of Attorney must be signed by a Commissioner of Affidavits or JP to be valid. Additionally, it is recommended that the document be registered as a deed.

Should you have further queries, contact me at [email protected].

Nicole Ohn-Heeralal is correct about the preparation of a Will. A Power of Attorney on the other hand is a Deed and MUST be prepared by an Attorney-at-Law registered to practice in Trinidad and Tobago. The Power of Attorney must be registered just like an other Deeds.

Anand Seepersad

Attorney-at-Law