TRINIDAD AND TOBAGO LAW THIS ARTICLE DOES NOT PURPORT TO EXPOUND THE WHOLE OF THE LAW RELATING

TO WILLS BUT RATHER TO GIVE BASIC AND GENERAL GUIDANCE ON SOME OF THE ISSUES RELATIVE TO THIS AREA. What is a Will? A Will or Testament is a declaration, made in accordance with the formalities requir ed by statute, of the intention of the person making it with regard to matters w hich he wishes to take effect upon or after his death. A Codicil is of similar n ature to a Will as regards both its purposes and the formalities relating to it, but in general it is supplemental to and considered as annexed to a Will previo usly made, being executed for the purpose of adding to, varying or revoking the provisions of that Will or some of them. A Codicil is nevertheless capable of in dependent existence, so that the revocation of a Will does not necessarily effec t the revocation of a Codicil to it. The word Will, although commonly used to desc ribe one of a series of instruments expressing testamentary intentions, denotes the aggregate formal expression of such intentions of the testator existing at h is death. However, although all unrevoked wills and codicils subsisting at the t estators death are to be construed together as one testamentary disposition, they are not construed as one document. Why is a Will important? Without a valid Will you may be unable to control who will inherit your property after death. Should you die intestate (without a Will), your property will be d istributed according to law, which may sometimes be inconsistent with your perso nal wishes. A valid Will enables you to determine who will administer your estate and who wi ll act as guardian for any minor children you have if they are left without a su rviving parent. Upon your death, the provisions of your Will do not automaticall y take effect. It will first be necessary for your executor/s to apply to the Pr obate Registry of the High Court of Justice to obtain a Grant of Probate of the Will. A Grant of Probate, once issued, authorises or enables your executor/s to administer your estate and distribute your assets in accordance with the provisi ons of the Will. The duty of your executor/s is to ensure that your just debts, funeral and testamentary expenses are first paid (out of the estate if necessary ) and, thereafter, your estate can then be administered in accordance with the p rovisions of your Will. If you die without making a Will, or if your Will is invalid, you will be deemed to have died intestate. If a person is deemed to have died intestate, it will f irst be necessary for an application to be made to the Probate Registry of the H igh Court of Justice for a Grant of Letters of Administration. The Administratio n of Estates Ordinance Chap. 8 No. 1 (the Ordinance) lists the order of priority in respect of those entitled to apply for such Grant of Letters of Administrati on. Once the Grant of Letters of Administration is issued, the estate can then be di stributed in accordance with the laws of intestacy. The Ordinance as amended by the Distribution of Estates Act No. 28 of 2000 (the Act) stipulates the manner i n which the distribution of the estate is to proceed. The rules are complex but broadly speaking, subject to the payment of the just debts, funeral and testamen tary expenses of the deceased (as above), the estate goes to the spouse and chil dren of the deceased (50:50). The rules of distribution under the Ordinance, as amended by the Act, also make provisions for instances where there are no childr en and/or spouse and also where there are cohabitants involved.

Who should make a Will? Every adult can and should make a Will. The only qualifications necessary are th at you are of legal age and of sound mind. How long is a Will valid? Once prepared, your will is valid until revoked, which may occur in one of four ways: 1. 2. 3. 4. By destruction, combined with the intention to revoke; By making a new Will that revokes the old Will; By marriage (subject to certain exceptions); and By divorce, which revokes a Will made during the marriage.

PREPARING TO MAKE YOUR WILL - CHECKLIST OF INFORMATION REQUIRED Before you make your Will: List the assets you own Decide who receives those assets Appoint an executor/executrix Name a guardian/ trustee for your minor children

List Assets and allocate them to Specific Persons: Firstly, make an inventory of all assets that you own, whether in your name alon e or owned jointly with others. Then decide whether there are any specific gift s you want to make to particular people. If you omit to specifically allocate a n item, it forms part of the residue of your estate and you must also decide who is to receive this residue. If you do not make a residuary gift in your Will, y ou will die partially intestate. This means that any specific gifts can be distr ibuted according to your wishes, but the remainder of your property, which makes up the residue The residue is what is left of your estate after expenses of a dministration, debts, specific gifts and taxes are deducted. If you make no provision in your Will for someone who is financially dependent o n you, that person may have a claim against your estate. Appoint an executor You l. med hat must appoint at least one executor to carry out the instructions in your Wil You should also appoint a substitutional executor in the event one of the na executors is unable to act. The primary concern in selecting executors is t they should be reliable and trustworthy in carrying out your wishes. Often t

he best way is to appoint the person who stands to benefit most from your Will a s one executor, and another relative or close friend as the second executor to a ssist or take over should the first be unable to act. A person under 18 cannot a ct as an executor. Naming a guardian/ trustee for your minor children If you have minor children, you should name a guardian to care for them in the e vent of their being left without any parents. The guardian can also be one of y our executors. Since the guardian will be caring for your children, you should check with him/her in advance to ascertain whether he/she will accept the respon sibility. The law requires that valuable assets such as shares or interests in land, be he ld on trust for children until they attain a stated age, not being less than 18. Other factors which one must bear in mind when making a Will include: Right to Disposal of Property during your lifetime Certain Property does not pass under your Will Witnesses to your Will Signing of your Will Revision of your Will Safekeeping of your Will

Right to Disposal of Property during your lifetime People often believe that once they leave property under a Will they lose the ri ght to sell or otherwise dispose of the property during their lifetime. This is not so. You retain the right to do whatever you choose with your property, notwi thstanding its mention in your Will. Example: ayne. I give my house, 18 Morning Drive, Chaguanas to my friend, Lisa P

means that your friend Lisa only inherits 18 Morning Drive if you own it at the time of your death. If you sold it and bought another house, your friend would not receive the new house in its place. Obviously if your Will includes many bequests that are no longer possible becaus e you no longer possess the items, it is time to prepare a new Will to dispose o f the assets you do have. Certain Property does not pass under your Will Is your home jointly owned with another person? If so, is the property held unde r a joint tenancy (which means you both own the whole property) or under a tenan cy in common (which means you own a specified share in the property, say half an d half or one third and two thirds)? If you are uncertain how your property is held, you should consult an Attorney-at-Law. If the property is held under a jo int tenancy, then upon your death your interest in the property automatically go es to your surviving co-owner. If your property is owned under a tenancy in comm on, then you can give your share in the property to whomsoever you wish. If you want to change a joint tenancy into a tenancy in common, you should seek the adv ice of an Attorney-at-Law.

Witnesses to your Will To ensure the validity of your Will, it is important to have it properly witness ed. You need two witnesses who should be over 18 and preferably neither very old nor hard to trace, in the event a question should arise later concerning the va lidity of your Will. A blind person cannot witness your Will. It is VITAL that the witnesses to your Will are neither beneficiaries under the Will nor the spo use of beneficiaries. If a beneficiary or his or her spouse witnesses your Will , the beneficiary will lose the benefit of his or her gift, but the Will remains valid. An executor (or the spouse of an executor) can safely act as a witness unless he or she is also a beneficiary. Signing of your Will You MUST sign your will in the presence of two witnesses and they MUST then both sign in your presence and in the presence of each other as witnesses to your si gnature. Neither you nor any witness should leave the room until your Will is b oth signed and witnessed, and you should all see each other sign. Use your usual signature, write in ink (and not pencil) and date your Will. Ens ure that the witnesses also print their names, addresses and occupations below t heir signature. Example: SIGNED by the within named ____________ as ) his last Will and Testament in the joint presence of himself and us who at his request and in such f Testator) joint presence have hereunto subscribed our ) names as witnesses: ) SIGNATURE: NAME: ADDRESS: OCCUPATION: ) )

(Signature o

SIGNATURE: NAME: ADDRESS: OCCUPATION:

Revision of your Will Never attempt to revise or change your Will by altering it. The way to revise an existing Will is to prepare a new Will. A new Will should contain a clause rev oking all previous Wills. For safety, however, you should also physically destr oy any former Will and copies of same, so that it cannot be mistaken for your mo st recent Will, but only after you have signed and witnessed your new Will. Safekeeping of your Will

After completion, your Will should be kept in a safe place either at home or lod ged with a bank, Attorney-at-Law or at the Probate Registry. Do not staple, cli p or attach any other documents to it. Ensure that your executor(s) and a membe r of your family know of its whereabouts. It is sensible to keep a photocopy of your Will in the event the original is accidentally lost or destroyed.