1-868-624-7257

Trinidad Office

1-868-639-1809

Tobago office

Facebook

Youtube

Search
 

HOW TO MAKE A WILL IN TRINIDAD & TOBAGO

Martin George & Company > Laws of Trinidad and Tobago  > HOW TO MAKE A WILL IN TRINIDAD & TOBAGO

HOW TO MAKE A WILL IN TRINIDAD & TOBAGO

Published in the Trinidad Guardian newspaper on Monday 9 February, 2015.

A Standard Will may be defined as a revocable declaration, put into writing, stating what a person intends to happen to his property (real and personal) after his death. Simply put, it states to whom that person’s property, belongings and money goes to upon his death.
The concept of a Will is simple and a person may be inclined to put this “declaration” in writing himself. However, the law sets out certain requirements which must be followed when one makes a Will. These requirements are specifically put in place to avoid fraud.
Under section 42 of the Wills and Probate Act Chap. 9:03, a Will must be made in writing. The Act further provides that the Will must be signed at the foot or the end of the document by the person making the Will, known as the “testator.” A testator must be 21 years or over.
The testator must also ensure that what he declares as his own and then give as gifts in the will is actually owned by him. It must be made certain that he holds valid title and ownership to the property and items he declares as his own.
The Will must be witnessed by two persons who shall also sign at the foot of the will and in the presence of each other at the same time and in the presence of the testator. Each person signing the will (that is the testator and the witnesses) must possess the average ‘mental capacity’ and understand the nature of what they are signing. Someone who is to benefit under a Will (a beneficiary) must not be used as a witness.
A Will must state who will perform the role of the “executor.” This person is responsible for probating the Will upon the death of the testator. This should be a person who can be highly trusted since the executor becomes in control of the testator’s estate upon his death and ensures that the testator’s estate is distributed according to his wishes. Thus such an appointment should be made with caution.
The words of the Will must be clear and concise. There should be no inconsistencies in the different parts or clauses of the Will so that the testator’s wishes are made certain.
Why are these formalities so important?
While they may appear simple and straightforward these are the first elements that would be examined upon an application for probate of a Will. It is important therefore that a person making a Will carefully adheres to these formalities in order for the Will and gifts made to stand.

Extracted From: Trinidad Guardian Newspaper- Law Made Simple
By Tamara Dolsingh, Student, Hugh Wooding Law School

7 Comments

  • Uma Walker
    Reply May 10, 2020 at 12:33 am

    Hi there, my mother made a will about 2 years ago. Does the will need to be registered at The Red House for it to be valid? I was told if the will is not registered then it is not recognized. The will was done properly at a lawyers office where is was witnessed and signed. I don’t live it Trinidad so it’s very hard to find out this information. I would appreciate any insight I can get. Thank you.

  • Christian woods
    Reply August 6, 2020 at 5:34 am

    Hi there.to management .if there is 2 will that is writin ..1st will states i has to collect a some of monies but its not appointed any executor an the 2nd will stating someone is appointed as the executor..how can this be work out

  • Angel
    Reply August 22, 2020 at 7:15 pm

    hi. Can a person be the executrix and also the sole beneficiary in a will as per the testator’s strict wishes?

Leave a Comment

1 × 2 =

error: Content is protected !!