Legal Question in Wills and Trusts in Trinidad and Tobago
Good Day,
A will was drafted by my two sisters two days before my father died, without my knowledge, and was read to him for his signing while he lay in a hospital bed with cancer. The will was signed in 2010. This week one of my sisters filed a grant of Probate on that will as Executrix. My question is, can I contest the probate on the following grounds:
1. My father was not in a mental capacity to understand the will fully and the reading of the will may have been untrue.
2. The will stated that his estate is to be divided among his three children. However, some of his estate was already taken by my sisters including the funds in his Bank accounts which were taken by my sisters and his car that the executrix gave to a friend last year without the family's knowledge or consent.
3. The house that was mortgaged to my father, has him listed as surety on the deed and not the mortgagee. The deed lists my uncle as mortgagee.
Please advise.
Thanks in advance
1 Answer from Attorneys
These are complex issues that require full discussion. I suggest consulting an attorney-at-law, present all the documents to support your claims and obtain a legal opinion. Please note the following
1 A cancer patient may be in pain but is quite capable of giving instructions and preparing a will.
2 Your father does not have to consult you in preparing his will
3 If you are entitled to an equal share in the estate then the effect is the same as if your dad died without a will. (the assumption here is that you mom or your dad's legal spouse is also deceased.)
4 The executrix must carry out all the wishes contained in the will and cannot benefit from the function as an executrix
5 Who signed as the witnesses to the will? A person and immediate family who witnesses a will is not entitled to any benefits.
Anand Seepersad 786-3240 [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
