Legal Question in Wills and Trusts in Trinidad and Tobago
If I was placed as the executor of a will of my mother who is now deceased. And due to medical and financial reasons I am unable to fulfill the duties of the will how can I transfer the duty to another family member or remove myself from the will?
1 Answer from Attorneys
The short answer is you cannot transfer the duty . Once you have not intermeddled with the estate of the testator you can renounce and allow a named beneficiary to apply for letters of administration with will annexed. Only a testator can appoint an executor.
If you reside outside Trinidad and Tobago you can appoint anyone within the jurisdiction by Power-of Attorney to act for you BUT a power of attorney is a deed and there are costs associated with its preparation and registration. You indicated financial constraints so that may not be an option.
If you are not a beneficiary in the will and you have not intermeddled, renounce.
The executor is responsible firstly for funeral expenses of the deceased. Most financial institutions allows the executor to access funds for funeral expenses from the estate and you should recover any NIS (death benefit). The beneficiaries can be requested to pay for the probate if there are no provisions in the Will itself.
If these are not possible and you have nothing to gain from the estate as a named beneficiary, then renounce taking probate.
Anand Seepersad 786-3240