Legal Question in Wills and Trusts in Trinidad and Tobago

My brother prepared a Will for my senile Aunt. He made himself her Trustee and the beneficiary of a large part of her estate, 15 acres of land in central trinidad. In the same WIll my mother was given a half share of a house owned in equal shares by my mother and my aunt, also the WIll left cash to be shared by my brother, my mother, another brother , and myself. My Aunt's only beloved son who resides in the US for many years, was left a few pieces of old furniture and nothing else.

My Aunt died in 2008 and my brother applied for probate, although the Will was not really acceptable as he was both beneficiery and Witness, my Aunt's only son did not contest the WIll, so my brother was granted probate.

The half share of the house left for my mother was transfered to her in June 2010. The cash was disbursed to all the beneficeries. I later discovered my Aunt had a substantial amount of shares which was residual and therefore went to my Aunt's son according to the Will, but my brother never told him about them until I brought it ot my cousin's, (my aunt's only son) attention. My brother is reluctant to pass the shares over to my cousin at this point, but my cousin is insisting.

My mother passed away in 2010 and left her house to me. This is the house she owned in equal shares with her sister, and her sister later left the other half share to her. My mother owned 100% of the hosue at her death. I am now in the process of probate of my mother's Will as I am her Trustee.

My cousin now tells me that my brother called and informed him that someone has filed an objection to my Aunt's Will ( 3 years later) as there is no legal precedence for my brother to be both beneficiery and Witness. The only part of my Aunt's estate that has not transfered is the land in central which goes to my brother.

My cousin tells me that he has not filed the objection and we dont know who has.

My questions are:

How will this objection to my Aunt's Will affect the transfer of my mother's house to me?

Is it possible to revoke a property that has already been transfered legally to another party?

Can this objection just affect the transfer of the property in central to my brother and nothing else?

If so, per the above question, then what happens to the land in central?

Can my brother be charged for being a self serving, lieing thief?

Thank you soooo much in advance, I think this service is awesome!!!!


Asked on 4/18/11, 6:12 am

1 Answer from Attorneys

DONNA PROWELL D. ALLISON PROWELL & C0

These are all pertinent questions, that I advise are best addressed by the Attorney that is extracting Probate of your mother's will. That attorney would have had sight of all documents and is best able to provide meaningful advice/

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Answered on 4/18/11, 8:11 am


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