When someone dies without leaving a will in Trinidad and Tobago, the law refers to this as dying intestate. Many people assume their estate will automatically go to their spouse or children, but the Administration of Estates Act sets out very specific rules for how property is distributed.
Here’s a clear breakdown of the order of succession:
1. Spouse with No Children
If you leave behind a spouse but no children, your spouse inherits everything.
Example: Mr. Johnson dies leaving only his wife. She inherits his entire estate.
2. Children with No Spouse
If you leave children but no spouse, your estate is divided equally among them. If one child has already died, that child’s share passes to their children (your grandchildren).
3. Spouse and One Child
If you leave both a spouse and one child, the estate is split 50/50 between them.
4. Spouse and Multiple Children
If you leave a spouse and more than one child, your spouse gets 50%. The other 50% is divided equally among all your children.
5. Cohabitants (Common-Law Partners)
Trinidad and Tobago law recognizes cohabitants—those who lived with the deceased in a relationship similar to marriage. However, there are strict requirements:
The cohabitant must notify the Registrar of the Supreme Court within 28 days of the death.
A court order must be obtained within three months to confirm the relationship and entitlement.
If there is both a legal spouse and a cohabitant, the estate may be split, but the spouse generally has stronger rights.
6. Parents
If no spouse, cohabitant, or children exist, the estate goes to the parents equally (or fully to the surviving parent).
7. Siblings
If no parents survive, the estate goes to siblings of the whole blood (sharing both parents). If none exist, then to half-blood siblings.
8. Grandparents
If there are no siblings, the estate goes to grandparents.
9. Nieces and Nephews
If there are no grandparents, the estate passes to nieces and nephews of siblings (whole blood first, then half blood).
10. Uncles and Aunts
If none of the above relatives are alive, the estate goes to uncles and aunts (whole blood preferred over half blood).
11. The State
If no one qualifies to inherit, the estate becomes bona vacantia—empty goods—and passes to the State.
Key Point: Make a Will
As you can see, the law provides a strict order of succession. But this order may not reflect your personal wishes. The best way to ensure your estate is handled according to your intentions is to make a will.
A will allows you to:
Decide who inherits your assets.
Avoid family disputes.
Save your loved ones from delays, expenses, and uncertainty.
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✅ Final Word: Intestate succession is clear under the law, but it may not align with your wishes. By drafting a will, you take control of your legacy and protect your family’s future.
