I was in a common law relationship but my partner has since passed away. How do I ensure I get a share of my partner’s estate?

Spousepassed1

When a cohabitant passes away WITHOUT A WILL, the surviving cohabitant will need to have this cohabitational relationship formally declared in order to benefit from the deceased’s estate. With the help of an attorney, the surviving cohabitant must:

(1) File a Notification of Interest at the Supreme Court of Trinidad and Tobago declaring the fact that he/she was in a cohabitational relationship with the deceased and has an interest in his/her estate. According to section 25 of the Administration of Estates Act, this must be done within 28 days after the death of your partner.

(2) File an application in court to declare that you were in a cohabitational relationship with the deceased.

You will only be considered to be living in a cohabitational relationship with the deceased if you both lived together for at least 5 years immediately preceding the death of the deceased and you lived together as husband and wife.

Deathofspouse2

Once you are declared by the court to have been in a cohabitational relationship with the deceased you will be entitled to share of his/her estate.

PLEASE NOTE: If the cohabitant dies WITH A WILL, his or her estate, will be shared according to his or her wishes as set out in the will.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s