Legal Question in Wills and Trusts in Trinidad and Tobago

My dad died 16 years ago. He purchased a house and paid 1/3 of cost to HDC. I am the executor he had no will. He has other kids, 2 in t&t and others over the world. Don't know them - different mothers. I paid off for the property and cleared all expenses related to house. Also I have to maintain the property according to the HDC lease as not to devalue the neighbours property. The house was in a rundown condition needing majors repairs. I performed such over the years only when necessary/ mandatory amounting to my up keeping and maintaining property costs, to now surpass the valued cost of the property. No one is interested in maintaining the property and I cannot pass my role to anyone else. The roof needs to change before it falls in and I do not know how to proceed. I am investing in something that is not mine. What should I do?


Asked on 8/02/18, 1:05 pm

1 Answer from Attorneys
ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

Since your father died 16 years ago, what is HDC's position on the legal title to the house? Do the HDC recognizes you as the person entitled to a title to the house or do HDC require Letters of Administration (no probate of will since you stated no will exists)?

If HDC requires Letters of Administration then all the surviving children of your father are entitled to an equal share in your dad's estate. NOTE to prove your dad is the father of you and/or the other children your dad's name MUST be on yours/their Birth Certificate.

The benefit have you derived from investing in the house must be considered.

I do not agree you are the executor for your dad if he left no will to appoint an executor. In the absence of a Will as a child you have no more right than any of other children of the deceased children.

All the other children must convey/renounce their interest in the property if you are to be the sole beneficiary of the house.

Anand Seepersad [email protected]

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Answered on 8/03/18, 5:02 am


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