Wills and Probate - Legal Affairs

1 LAWS OF TRINIDAD AND TOBAGOW ills and ProbateChap. 9:031 Wills AND Probate ACTCHAPTER 9:03 Ordinances25 of 1945and34 of 1945 Amended by2 of 197228 of 1973 * 30 of 1975 (by implication)*47 of 1980*27 of 1981*28 of 2000*See Note on page 2 Current Authorised PagesPagesAuthorised(inclusive)by OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO2 Chap. 9:03 Wills and ProbateNote on Subsidiary LegislationSee Schedules to this Act for Subsidiary on Act No. 30 of 1975 With respect to the execution of a will for a patient as defined in the Mental Health Act(Ch. 28:02) See sections 36, 37 and 38 of that on Act No. 47 of 1980 Section 8 of Act No. 47 of 1980 provides as follows:8. From the date of the coming into operation of the first Revised Edition ofthe Laws of Trinidad and Tobago under the Law Revision Act, 1979, any fine(within the meaning of paragraph 1 of the Second Schedule to the said Act)prescribed by a written law of Trinidad and Tobago not published in the saidRevised Edition shall be increased in accordance with the provisions ofparagraph 1(b), (c) and (d) of the Second Schedule to the said Act.

2 Note on Act No. 27 of 1981 The Second Schedule to the Succession Act 1981 (Act No. 27 of 1981) purported to repealthe Wills and Probate Ordinance (Ch. 8. No. 2). However, only section 122 and Part VIII of theSuccession Act have been brought into operation. The other Parts of the Act ( Act No. 27of 1981) and the Schedules thereto are yet to be brought into on Part III of the OrdinanceFamily ProvisionSections 89 to 93A(repealed by Act No. 28 of 2000)The former sections 89 to 93A of the Ordinance were repealed and replaced by Schedule 2 tothe Matrimonial Proceedings and Property Act, 1972 (Act No. 2 of 1972) as sections 89to 93A. However, sections 89 to 93A were in turn repealed by Part III of the Distributionof Estates Act, 2000 (Act No. 28 of 2000).See now Part VIII of the Succession Act, 1981 (Act No. 27 of 1981) (viz., sections 94 to 111)which deals with the subject matter of family also section 1(2) of Act No. 28 of 2000 with respect to a person dying after25th September 2000.

3 Increase offines.[44 of 1979].MINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOW ills and ProbateChap. 9:033 CHAPTER 9:03 Wills AND Probate ACTARRANGEMENT OF SECTIONSSECTION1. Short IWILLS AND PROBATE3. Jurisdiction of Application of practice of Probate Probate , etc., required for Rights and liabilities of Liability to discharge debts of deceased not to be Executor to be a Beneficial interest of executor in Executor de son tort liable to Executor de son tort how Cesser of right of executor to Withdrawal of Executor of executor represents original Right of proving executors to exercise Provisions as to the number of administration pendente Continuance of Legal proceedings after revocation of administration during minority of Disclaimer by Unproved will to have no Summons to discover Penalty for not producing OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO4 Chap.

4 9:03 Wills and Probate24. Rules and Right to Effect of administration where an executor is Voidable Power to discharge Removal of Order of persons entitled to administration with will annexed, Citations to persons having prior Persons abroad need not be to be Special of estates by Consular of Power to grant representation to a trust Interim orders, Appeal from refusal of Probate not to issue until certificate relating to estate and successionduties OF WILL41. will valid if executed according to formalities of Execution of Wills executed before commencement of the Execution of powers of Attestation by legatee, etc., not to invalidate Executor competent to OF SECTIONS ContinuedSECTIONMINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOW ills and ProbateChap. 9:035 REVOCATION AND CONSTRUCTION OF WILLS47.

5 Change of domicil not to invalidate Revocation by No revocation by Revocation in prescribed Interlineation or other alteration, how to be Revoked will not to be revived by Conveyance inter vivos no Construction of will as to Lapsed interest to fall into Construction of general Construction of general Construction of limitation by Construction of a devise to a Construction of devise of real estate to trustee without expresslimitation of Construction of devise with words of limitation in Gifts to children or other issue who leave issue living at the testator sdeath shall not Charges on property of deceased to be paid primarily out of theproperty Devisee in trust may raise money by sale, notwithstanding want ofexpress power in the Powers given by last section to extend to survivors, devisees, Executors may exercise power where no sufficient Purchasers or mortgagees not bound to enquire as to Application of BUSINESS70.

6 Contentious Application in solemn OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO6 Chap. 9:03 Wills and Probate72. Form of applications in solemn Joinder of Administrator OF ACCOUNTS74. Duty to file Costs of filing Custody and registration of General to number certified copies and to annex Certified Copy of decree to be Conveyancing fee where estate does not exceed $1,000 in Registration administration Revenue Officers to Depositories for Wills of living IIBRITISH AND COLONIAL PROBATE84. Sealing of probates and letters of administration granted outsideTrinidad and Conditions to be fulfilled before Security for payment of Duplicate or copy IIIFAMILY }(Repealed by Act No. 28 of 2000).ARRANGEMENT OF SECTIONS ContinuedSECTIONMINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOW ills and ProbateChap.

7 9:037 PART IVGENERAL94. Real and personal estate of deceased are assets for payment of Access to SCHEDULE Non-Contentious Business SCHEDULE Registrar General s SCHEDULE SCHEDULE Depository for Wills of Living SCHEDULE administration of Estates by Consular Officersof particular OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO8 Chap. 9:03 Wills and ProbateCHAPTER 9:03 Wills AND Probate ACTAn Act relating to the execution of Wills and the granting ofProbate and Letters of administration .[1ST SEPTEMBER 1939] Act may be cited as the Wills and Probate this Act administration means, with reference to the estate of a deceasedperson, letters of administration , whether general or limited,or with the will annexed or otherwise; administrator means a person to whom administrationis granted; Administrator General means the person appointed under theAdministration of Estates Act; common form business means the business of obtaining probateand administration where there is no contention as to the rightthereto, including the granting of probates andadministrations in contentious cases when the contest isterminated, and all business of a non-contentious nature tobe taken in the Court in matters of testacy and intestacy notbeing proceedings in any suit, and also the business oflodging caveats against the grant of Probate oradministration; Court means the Supreme Court, or a Judge thereof.

8 estate includes land and chattels real as well as other chattelsand personalty, but the estate of a person deceased shallnot be deemed to include any property of which the deceaseddied seised or possessed as a trustee only; estate duties include any duty payable on the value of the estateand effects for which Probate or letters of administration isor are granted, and death duties has the same meaning;25 of 9 OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOW ills and ProbateChap. 9:039 law of England means the law of England as in force on the16th of May 1921; next of kin means the person or persons entitled under anintestacy according to the provisions of the Administrationof Estates Act; Probate means the Probate of a will ; Registrar means the Registrar of the Supreme Court andincludes the Sub-Registrar thereof; representative means the executor or the administrator for thetime being of a deceased person; and includes theAdministrator General, and in the construction of any Act orOrdinance or rule where the word heir or heirs is used,the same shall, as regards the devolution of the Legal estatein land, be held to apply to the representative, and, as regardsthe beneficial interest, to the person or persons entitled underthe provisions of the administration of Estates Act; rules means rules made under this Act and includes forms.

9 will includes testament, codicil and all other testamentaryinstruments of which Probate may now be IWILLS AND Court shall have jurisdiction to determine the validityand admissibility to Probate of the will or the granting ofadministration of the estate of any person domiciled in Trinidadand Tobago and of the estate in Trinidad and Tobago of any person,wherever domiciled, dying seised or possessed thereof or entitledthereto, and to revoke any Probate or administration in any suitinstituted either by an executor or administrator or any personclaiming under a will to have it established or to have the trusts ofit carried into effect under the decree of the Court or by any personclaiming adversely to a will or administration to have it declaredvoid, and the registration of it prevented or recalled, or claiming tohave administration 9 OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO10 Chap.

10 9:03 Wills and so far as any Act or Ordinance and rules and orders ofCourt do not extend, the Court shall be guided in the exercise ofits jurisdiction under this Act by the jurisprudence and practice forthe time being of the Probate Division of the High Court of Justicein England so far as the same may be Court shall have jurisdiction in respect of Probate andadministration equally whether the estate of a deceased personconsists of realty only or of personalty only, or partly of realty andpartly of executor of any will which shall be proved afterthe commencement of this Act, and every administrator to whomany administration of the estate of any person shall be grantedafter the commencement of this Act, shall take and have the sameestate and interest in and control over the estate of his testator orof the intestate, and shall have the same rights, actions, powers,and authorities, and be subject to the same actions, suits, andliabilities, in respect of such estate , as any executor or administratorwould take, have, and be subject to in respect of personal estateaccording to the law of England.