Legal Question in Wills and Trusts in Trinidad and Tobago
My husband died recently and i filled a caveat againt his brother who he named as the sole beneficiary to his estate. If the grant of probate is given, can i being the legally married spouse still apply for a letter of administration?
Also if his sister is a witness to the will and is named to benefit in case of any misgivings to his brother, Can the will be challenged on that ground as well?
1 Answer from Attorneys
Note the following
1 Once there is a will there is no issue of letters of administration unless the will is set aside.
2 A witness to a will and his/her immediate family (spouse) cannot benefit from a will. The gifts will fail and fall into the residue.
3 A married person can be entitled to a share in the estate of his/her spouse under the Married Persons Act if certain conditions are met. You can challenge the will if you were entitled to a share in the estate that is being devised to your brother-in law.
Anand Seepersad 18687863240
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