Resources & Insights

Probate is the legal process of administering a deceased person's estate. This process involves validating the will (if one exists), appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing the remaining estate to beneficiaries.

The probate process typically begins with filing an application for a Grant of Probate (if there is a will) or Letters of Administration (if there is no will) with the court. The executor or administrator must gather all relevant documents, including the death certificate, will, and information about the deceased's assets and liabilities.

Once the grant is obtained, the executor can legally deal with the estate's assets, such as closing bank accounts, selling property, and distributing assets according to the will or intestacy laws. The process can take several months to over a year, depending on the complexity of the estate.

At present, the projected timeline for a Grant of Probate/Letters of Representation to be issued by the Registry is approximately two years, so gathering documentation early and ensuring accurate filings is essential to avoid further delays.

Property transactions in Trinidad & Tobago involve several important steps and legal requirements. Whether you are buying, selling, or transferring property, understanding the process can help ensure a smooth transaction.

Due Diligence: Before purchasing property, it is essential to conduct a title search to verify ownership and check for any encumbrances such as mortgages, liens, or restrictions on the property. This helps ensure that the seller has the legal right to sell the property and that there are no hidden issues.

Sale Agreements: A sale agreement outlines the terms and conditions of the property sale, including the purchase price, deposit, completion date, and any special conditions. Both parties should review the agreement carefully before signing.

Transfer and Registration: After the sale is completed, the deed must be properly executed, stamped with the appropriate duty, and registered at the Registrar General's office to legally transfer ownership.

Timeline: Once due diligence is complete, the projected timeline for completing a purchase or gift of property is roughly one month from signing to registration.

Divorce is the legal dissolution of a marriage. In Trinidad & Tobago, divorce proceedings are handled by the Family Court. Understanding the process and requirements can help parties navigate this difficult time.

Ground for Divorce: The primary ground for divorce is the irretrievable breakdown of the marriage. This can be demonstrated through various facts, including adultery, unreasonable behavior, desertion, or separation for a specified period.

The Process: Divorce proceedings begin with filing a petition with the Family Court. The petition must set out the facts supporting the claim of irretrievable breakdown. The other spouse (the respondent) is served with the petition and has an opportunity to respond.

Related Matters: Divorce proceedings often involve related matters such as property division, child custody, child maintenance, and spousal support. These issues can be addressed as part of the divorce proceedings or separately.

Duration: The length of divorce proceedings varies depending on whether the divorce is contested or uncontested and the complexity of related issues. The projected timeline for an uncontested divorce is approximately six months, while a contested divorce can take much longer.

Estate planning coordinates how your property, guardianship wishes, and trusted decision-makers will operate if you pass away or become incapacitated. A valid will is the cornerstone of that plan, ensuring assets are distributed according to your wishes and providing certainty for your loved ones.

Why You Need a Will: Without a will, your estate will be distributed according to the laws of intestacy, which may not reflect your wishes. A will allows you to control who inherits your property, appoint guardians for minor children, and name an executor to administer your estate.

What Should Be Included: A will should identify your beneficiaries and specify what they will receive, name an executor to handle your estate, appoint guardians for minor children (if applicable), and include any specific wishes regarding funeral arrangements or bequests.

Keeping Your Will Updated: Life circumstances change, and your will should be reviewed and updated periodically to reflect life events, changes in assets, or changes in your wishes.

Legal Requirements: For a will to be valid, it must be in writing, signed by the testator (person making the will), and witnessed by two independent witnesses who are not beneficiaries under the will.