Overview of the Probate Laws of Trinidad and Tobago

When a person passes away, they often leave behind property (stocks, real property, furniture, cash and other items considered an asset). Administering the deceased’s estate involves distributing this property. To administer the deceased’s estate properly, the type of grant of representation must first be determined. There are two types. The first is a grant of probate, which can be obtained where a valid Will exists; the second is a grant of letters of administration, which is sought when the deceased passed without making a valid Will.

A Will preserves your power to direct how your assets will be divided on your passing. You get to make financial provision for your family and loved ones in a manner that you prescribe. You can also select who you wish to execute your will. Executors are responsible for carrying out the instructions of a deceased with respect to the distribution of their assets.

If a person dies without a Will, the administration of their estate is governed and dictated by the laws of intestacy. This means that their estate can only be distributed through an application for a grant of letters of administration. The Administration of Estates Act is the primary legislation governing intestacy.

Under the laws of intestacy, when a person dies without a valid Will in Trinidad and Tobago, one half of their possessions shall be given to their spouse and the other half is divided amongst their children.

The estate will be distributed to the wife where the deceased passes but is survived by a spouse but no children.

In Trinidad and Tobago, where a person dies without leaving behind a spouse but is survived by a cohabitant, the cohabitant shall benefit from the estate and shall be treated as the intestate’s spouse for the purpose of distributing his assets.

If the deceased leaves behind a spouse and a cohabitant and at the time of death was living apart from the spouse, the cohabitant shall only be entitled to that part of the estate that was acquired during the time of cohabitation. This is subject to the rights of the surviving spouse and children. Where an intestate leaves no spouse, no cohabitant and no children, their assets will go to their surviving parents. Where they leave no parents, their estate will go to their next of kin. If they die leaving no next of kin then their estate will go to the State.