In Trinidad and Tobago, the recent case surrounding the estate of the late Cohen has ignited a crucial discussion about the rights of common-law partners following a spouse’s death. Alana Thomas, Cohen’s longtime partner, faced immediate threats of eviction and legal challenges after his passing, highlighting the precarious legal standing of common-law spouses. Under current laws, surviving partners must seek legal recognition within 28 days of their partner’s death to secure rights to inheritance, the family home, and decision-making authority regarding funerals. Unfortunately, many partners, like Thomas, are unaware of these stipulations until it is too late.
Common-law partners lack the automatic inheritance rights afforded to married couples. Their recognition hinges on demonstrable evidence of their relationship, such as cohabitation and public acknowledgment, which can lead to disputes with relatives who may contest their claims. Thomas’s experience has sparked calls for legal reform to better protect common-law partners, particularly those in long-term relationships akin to marriage. With many couples living in common-law unions, the urgency of understanding and securing legal rights is paramount, as many may find themselves unprepared in the face of tragedy.
