Administration of Estates

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/9.01.pdf

Administration of Estates
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Administration of Estates Chap. 9:01 1

ADMINISTRATION OF ESTATES ACT

CHAPTER 9:01

Act
35 of 1913

Amended by
14 of 1939
32 of 1947
3 of 1955
2 of 1972

22 of 1977
*47 of 1980
*27 of 1981

6 of 1993
*28 of 2000

*See Note on page 2

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–23 ..

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2 Chap. 9:01 Administration of Estates

Index of Subsidiary Legislation

Page

Administrator General’s Fees and Charges Order (RG 25.11.37) … … 21

Note on Act No. 47 of 1980

Section 8 of Act No. 47 of 1980 provides as follows:
8. From the date of the coming into operation of the first Revised Edition of the
Laws of Trinidad and Tobago under the Law Revision Act, 1979, any fine (within
the meaning of paragraph 1 of the Second Schedule to the said Act) prescribed
by a written law of Trinidad and Tobago not published in the said Revised
Edition shall be increased in accordance with the provisions of paragraph 1(b),
(c) and (d) of the Second Schedule to the said Act.”.

Note on Act No. 27 of 1981
The Succession Act (Act No. 27 of 1981) purported to repeal the Administration of Estates
Ordinance Ch. 8. No. 1. However, only section 122 and Part VIII of the Succession Act have
been brought into operation. Section 122 came into operation on 30th July, 1981 (the date of
assent of the Act) and Part VIII came into operation on 6th November, 2000 (by LN 27/2000).

Note on Act No. 28 of 2000
With respect to persons dying on or after the commencement of the Distribution of Estates
Act, 2000 (Act No. 28 of 2000) the Act shall have effect subject to section 3 of that Act.

Note on Delegation of Powers
For the references to Delegation of Powers made under sections 27 and 28 of this Act—See
the Current Edition of the Index of Acts and Subsidiary Legislation.

“Increase of
fines.
[44 of 1979].

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Administration of Estates Chap. 9:01 3

CHAPTER 9:01

ADMINISTRATION OF ESTATES ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. (Repealed by Act No. 28 of 2000).

PART I

THE ADMINISTRATOR GENERAL
4. Incorporation of and appointment to office of Administrator General

and discharge of his functions.
5. No security to be given.
6. Revenue Officer to assist.
7. Remuneration.
8. Commissions.

Appropriation.
9. Conflicting claims and interests.

PART II

DEVOLUTION OF PROPERTY
10. Devolution of legal estate in realty on representative.

10A. Judicially separated spouses not entitled to claims in intestacy
of each other.

11. Rights of persons beneficially entitled.
12. Transfer to persons beneficially entitled.
13. Deed of assent to be registered.
14. Appropriation of estate in satisfaction of legacy or share.
15. Partition by representative.
16. Land under Real Property Act.

PART III

ADMINISTRATION OF ESTATES, DISTRIBUTION OF
ESTATES, AND WAIVER OF RIGHTS OF THE STATE

ADMINISTRATION OF ESTATES

17. Intestates’ estates generally.
18. Small estates under $960 in absence of executor or administrator.

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4 Chap. 9:01 Administration of Estates

19. Intestates’ estates under $960.
20. Dealing with estates of intestates not leaving next of kin.
21. Estate of party interested in administration.
22. Court may order administration and refer accounts, etc., to Judge.

DISTRIBUTION OF ESTATES

23. Distribution on intestacy.
24. Shares of spouse and issue.
25. Rights of cohabitants.
26. Estate going to parents.

26A. Distribution of estate to next of kin.
26B. Posthumous births.
26C. No successors.

WAIVER OF RIGHTS OF STATE

27. Grant of State rights after administration.
28. Grant of State rights without administration.
29. Registration of warrant.
30. Registration in ordinary register.
31. Effect of transfer under section 27.

PART IV

ESTATES OF PERSONS OF UNSOUND MIND
32. Administrator General may be constituted committee of insane person.
33. Insane persons’ estates.

PART V

GENERAL
34. Savings Bank deposits
35. Rules as to procedure.
36. Regulations for conduct of office of Administrator General.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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Administration of Estates Chap. 9:01 5

CHAPTER 9:01

ADMINISTRATION OF ESTATES ACT

An Act relating to the powers and duties of the Administrator
General and to the devolution and distribution of property
on the death of the owner thereof.

[1ST FEBRUARY 1914]

1. This Act may be cited as the Administration of Estates
Act, and shall be read as one with the Wills and Probate Act.

2. In this Act—
“cohabitant” means a person of the opposite sex who, while not

married to the intestate, continuously cohabited in a
bona fide domestic relationship with the intestate for a
period of not less than five years immediately preceding
the death of the intestate;

“Court” means the Supreme Court;
“estate” includes both real and personal property;
“issue” includes all lineal descendants of an ancestor, whether

born within or outside of marriage;
“Judge” means any Judge of the Court;
“kin” means, in relation to a deceased person, the issue of

the deceased, his father or mother, his grandparents and
great-grandparents;

“next of kin” means, in relation to a deceased person—
(a) the brothers and sisters of the deceased;
(b) the issue of the grandparents of the deceased;
(c) the brothers and sisters of a parent of the deceased;
(d) the issue of any brothers or sisters of the deceased,

and the kindred of the half blood shall rank immediately after
those of the whole blood of the same degree of kinship to
the estate.

3. (Repealed by Act No. 28 of 2000).

Ordinances
Ch. 8. No. 1—
1940.
No. 32—1947.

Commencement.

Short title.

Ch. 9:03.

Interpretation.
[28 of 2000].

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6 Chap. 9:01 Administration of Estates

PART I

THE ADMINISTRATOR GENERAL

4. (1) There shall be established the office of Administrator
General.

(2) The Administrator General shall be a corporation sole
under that name, with perpetual succession and an official seal,
and may sue, and be sued, under that name.

(3) The President may appoint such person as he may see
fit to be Administrator General.

(4) A public officer may be appointed to perform the
duties of the office of the Administrator General in conjunction
with the duties of any other office.

(5) Any other public officer may be appointed to assist
the Administrator General in his office or as his agent or delegate
in conjunction with the duties of any other office.

(6) Where the Administrator General is the Head of a
Department in the public service, his powers shall be deemed to
extend to the clerks and officers in his Department without any
special appointment of such clerks or officers to assist him in the
discharge of his duties and powers under this Act.

(7) The person who immediately before the
commencement of the Judicial and Legal Service Act is
performing the functions of the office of Administrator General
shall be deemed to have been lawfully appointed to and shall
continue to hold or act in, that office as if he had been appointed
under the section.

5. The Administrator General shall not be called upon to
give security in respect of any property vesting in him or
committed to his charge under the provisions of this Act.

6. Every Revenue Officer shall, on the special direction of
the Administrator General, and may, by virtue of any general
Regulations to be made by the Minister in that behalf as hereinafter
authorised, make such reports as to the deaths of persons and their
estates and effects, and take such steps by way of securing the

Incorporation of
and appointment
to office of
Administrator
General and
discharge of his
functions.
[22 of 1977].

Ch. 6:01.

No security to
be given.

Revenue Officer
to assist.

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LAWS OF TRINIDAD AND TOBAGO

Administration of Estates Chap. 9:01 7

possession and protection of the estates of such deceased persons
as shall be directed by the Administrator General or required by
such Regulations, and shall for such purpose be deemed to have
been appointed to assist the Administrator General.

7. There shall be retained by the Administrator General out of
all sums received by him in respect of any estate coming into his
hands such commission at a rate not exceeding five per centum as
may be directed by the Court or Judge on his appointment, and in
default of any direction at the rate of five per centum. And in respect
of any lands or other property not converted into money which may
be taken possession of by the Administrator General, his remuneration
shall be such as the Court on originating summons or otherwise may
direct. Such commission or remuneration shall in every case be a
charge on such moneys and estates in priority to all other charges, and
may be raised by sale or mortgage of such estate or any part thereof or
otherwise in such manner as the Court or a Judge in the course of any
action or on originating summons may direct.

8. (1) All commissions or remunerations authorised to be
paid to or retained by the Administrator General shall in like manner
be retained or paid out of all property devolving on the
Administrator General as representing Trinidad and Tobago.

(2) All sums received by the Administrator General under
this and the preceding section, whether by way of remuneration or
commission, shall be paid by him into the Treasury for the use of
Trinidad and Tobago.

9. It shall be the duty of the Administrator General, as to all
estates of which he has taken or claims possession on behalf of Trinidad
and Tobago and as to which it is doubtful what property real or personal
was in the possession of the deceased intestate, or what are the
boundaries or other description of so much of such property as consists
of land, or whether the intestate died without next of kin, or whether
any person is entitled as against Trinidad and Tobago to any legal
right in or equitable claim upon the same, or whether any person is
entitled as a creditor of the deceased or otherwise to any payment out
of or charge upon such property, by originating summons to be served
in the prescribed manner upon any person having or claiming any
adverse right or interest, or in whom such adverse right is alleged to

Remuneration.

Commissions.

Appropriation.

Conflicting
claims and
interests.

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8 Chap. 9:01 Administration of Estates

exist, to obtain the directions of a Judge in Chambers as to such estate
in respect of any of the matters aforesaid as such Judge shall deem
proper matters to be so determined; and such Judge may, by consent
of the parties claiming to be entitled, determine such matters himself
summarily without appeal, or may, at the request of the Administrator
General or of any person appearing to such summons and claiming to
be entitled, direct any such matter to be tried in the same manner as
any question or issue arising in the course of interpleader proceedings:

Provided that on the trial of any such question it shall be lawful
at any time for any party interested therein to apply to the Judge
for such judgment or order as he may be entitled to in consequence
of the finding on such trial.

PART II

DEVOLUTION OF PROPERTY

10. (1) Where any real estate is vested for any term or estate
beyond his life in any person without a right in any other person to
take by survivorship, it shall, on his death, notwithstanding any
testamentary disposition, devolve to and become vested in his
executor or executors or the administrator or administrators of his
estate (who and each of whom are included in the term
“representative”) as if it were a chattel real vesting in them or him.
And if such estate is held upon any trust or by way of mortgage, it
shall likewise legally devolve on the representative of any person
deceased in whom it has been vested during his life.

(2) This section shall apply to any real estate over which
a person executes by will a general power of appointment, as if it
were real estate vested in him.

(3) Probate and Letters of Administration shall be granted
in respect of, and shall take effect to vest in the executor or
administrator, all real estate and personal estate whatever, including
chattels real. And there shall be no devolution of estate by
inheritance in any case save that the beneficial interest therein shall
devolve as provided in Part III of this Act.

(4) On the death of any person all his estate real and
personal whatever within Trinidad and Tobago shall vest in law in
the Administrator General until the same is divested by the grant

Devolution of
legal estate in
realty on
representative.
[3 of 1995].

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LAWS OF TRINIDAD AND TOBAGO

Administration of Estates Chap. 9:01 9

of Probate or Letters of Administration to some other
person or persons: Provided that the Administrator General
shall not, pending the grant of such Probate or Letters of
Administration, take possession of or interfere in the
administration of any estate save as in this Act and in the
Wills and Probate Act provided.

(5) The provisions of the last preceding subsection shall
be deemed to have applied to the real estate within Trinidad and
Tobago of all persons who died prior to the 1st of January, 1903,
which was, at the time of such death, liable to be escheated, in all
respects as if such persons had died subsequent to that date: Provided
always, that nothing herein contained shall affect the operation of
the State Suits Limitation Ordinance, or any right conferred thereby.

10A. (1) If while a decree of judicial separation is in force and
the separation is continuing either of the parties whose marriage is
the subject of the decree dies after the commencement of the
Matrimonial Proceedings and Property Act, intestate as respects
all or any of his or her real or personal property, the property of
that party as respects which he or she died intestate shall devolve
as if the other party to the marriage had then been dead.

(2) Notwithstanding anything in section 4(1)(a) of the
Separation and Maintenance Act, [repealed by the Family Law
(Guardianship of Minors, Domicile and Maintenance) Act] a
provision in force in an Order made, or having effect as if made,
under that section that a party to a marriage be no longer bound to
cohabit with the other party to the marriage shall not have effect as
a decree of judicial separation for the purposes of this section.

11. (1) Subject to the powers, rights, duties, and liabilities
hereinafter mentioned, the representative of a deceased person shall
hold the real estate as a trustee for the persons by law beneficially
entitled thereto, and those persons shall have the same power of
requiring a conveyance of real estate under section 12 as persons
beneficially entitled to personal estate have hitherto had of requiring
a transfer or delivery of such personal estate.

(2) All enactments and rules of law relating to the effect
of Probate or Letters of Administration on chattels real, and as
respects the payment of costs of administration and other matters

Ch. 9:03.

Cap. 5/2.

Judicially
separated
spouses not
entitled to
claims in
intestacy of
each other.
[2 of 1972].
Ch. 45:51.

Ch. 45:52.
Ch. 46:08.

Rights of
persons
beneficially
entitled.

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10 Chap. 9:01 Administration of Estates

in relation to the administration of personal estate, and the powers,
rights, duties, and liabilities of personal representatives in respect
of personal estate, shall apply to real estate so far as the same are
applicable, as if that real estate were a chattel real vesting in the
representative, save that it shall not be lawful for some or one only
of several joint representatives, without the authority of the Court,
to sell or transfer real estate:

Provided that where Probate is granted to one or some of several
persons named as executors, power being reserved to the other or
others to prove, the sale or transfer of real estate may be made by
the proving executor or executors without the authority of the Court,
and shall be as effectual as if all persons named as executors had
concurred therein:

Provided also, that the proviso lastly hereinbefore set forth shall
apply to Probates granted before as well as after the commencement
of this Act, but only as respects sales or transfers made after the
commencement of this Act.

(3) In the administration of the assets of a person, his real
estate shall be administered in the same manner, subject to the
same liabilities for debts, costs, and expenses, and with the same
incidents, as if it were personal estate: Provided that nothing herein
contained shall alter or affect the order in which real and personal
assets respectively are now applicable in or towards the payment
of funeral and testamentary expenses, debts, or legacies, or the
liability of real estate to be charged with the payment of legacies.

12. (1) At any time after the death of the owner of any land,
his representative may by Deed assent to any devise contained in
his Will, and may convey or transfer the land or any estate or interest
therein to any person entitled thereto as next of kin, devisee, or
otherwise, and may make the assent, conveyance, or transfer either
subject to a charge for the payment of any money which the personal
representatives are liable to pay, or without any such charge; and
on such assent, conveyance or transfer, subject to a charge for all
moneys (if any) which the representative is liable to pay, all
liabilities of the representative in respect of the land shall cease,
except as to any acts done or contracts entered into by him before
such assent, conveyance, or transfer.

(2) At any time after the expiration of one year from the
death of the owner of any land, if his representative has failed on
the request of the person entitled to the land to assent, or to convey

Transfer to
persons
beneficially
entitled.

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Administration of Estates Chap. 9:01 11

or transfer the land to that person, the Court may, if it thinks fit, on
the application of that person, and after notice to the representative,
order that the assent, conveyance, or transfer be made, or, in the
case of land under the Real Property Act, that the person so entitled
be registered as a proprietor of the land, either solely or jointly
with the representative.

(3) The production of an assent or transfer by the
representative of a deceased proprietor of land under the Real
Property Act shall, subject to the provisions of such Act, authorise
the Registrar General to make the prescribed entry in the Real
Property Register of the title of the person named in the assent
or transfer as proprietor of the land, and such instrument shall
not be deemed to affect the title to such land until such entry has
been made.

13. A Deed or instrument under the last preceding section shall
have validity only when duly registered. No registration fee beyond
the sum of twenty-five dollars and no stamp duty shall be
chargeable in respect of any such deed or instrument.

14. (1) The representative of a deceased person may, in the
absence of any express provision to the contrary contained in the
Will of such deceased person, with the consent of the person entitled
to any legacy or interest given by the deceased person or to a share
in his residuary estate, or, if the person entitled is a person of
unsound mind or an infant, with the consent of his committee,
trustee, or guardian, appropriate any party of the residuary estate
of the deceased in or towards satisfaction of that legacy or share,
and may for that purpose value in the prescribed manner the whole
or any part of the property of the deceased person in such manner
as they think fit: Provided that before any such appropriation is
effectual, notice of such intended appropriation shall be given to
all persons interested in the residuary estate, any of whom may
thereupon, within the prescribed time, apply to the Court, and such
valuation and appropriation shall be conclusive save as otherwise
directed by the Court.

(2) In the case of land under the Real Property Act, the
production of sufficient evidence of an appropriation under this
section shall, subject to the provisions of the Real Property Act,
authorise the Registrar General to register the person to whom the

Ch. 56:02.

Deed of assent
to be registered.
[6 of 1993].

Appropriation of
estate in
satisfaction of
legacy or share.

Ch. 56:02.

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property is appropriated as proprietor of the land, and the
sufficiency of such evidence shall be determined by the Registrar
General, subject to any directions which may be given by a Judge
as in such Act provided.

15. The representative may, in lieu of conveying the real estate
or residuary real estate of the intestate to any persons interested
therein jointly or in common, convey the same or any part thereof
to each of several persons entitled jointly or in common, in severalty
by way of partition by Deed or Deeds under section 12:

Provided that the partition effected by such Deed or Deeds shall
be with the consent of such persons as are sui juris, and by order
of the Court to be obtained on originating summons in the case of
such as are infants or of unsound mind. In the absence of agreement
among the persons entitled of full age as to any such conveyance
by way of partition, it shall be lawful for the executor or
administrator or any party entitled sui juris or the next friend of
any infant or committee of any insane person entitled, to apply in
the prescribed manner by originating summons for directions in
respect of such proposed partition; and the Judge upon such
summons shall have all the powers of a Judge on the hearing of an
action or summons for partition or for sale in lieu of partition.

16. The provisions of sections 13 and 14 of this Act shall,
with the necessary modifications, apply to registration under the
Real Property Act of any assent by an executor or administrator to
any scheme for the division by way of partition among parties
entitled of land being under the provisions of such Act. The assent
shall in such cases be in the prescribed form.

PART III

ADMINISTRATION OF ESTATES, DISTRIBUTION OF
ESTATES, AND WAIVER OF RIGHTS OF THE STATE

ADMINISTRATION OF ESTATES

17. The Administrator General may, subject as is provided in
and by the Wills and Probate Act, apply to the Court for Letters of
Administration, general or restricted as the case may be, to the
estate and effects of any person, whether domiciled in Trinidad
and Tobago or not, who shall have died possessed of property, real
or personal, therein intestate or of any person so dying having made
a Will in any case in which the executor or executors named in

Partition by
representative.

Land under
Real Property
Act.
Ch. 56:02.

Intestates’
estates
generally.
Ch. 9:03.

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Administration of Estates Chap. 9:01 13

such Will shall renounce and disclaim the execution of such Will,
or being duly cited shall refuse or neglect to prove such Will, and
in case of the death of any representative of any such person
deceased, for administration or administration with Will annexed
of the estate unadministered.

18. The Administrator General shall, as such, have power if
there is no executor appointed by Will or if there is no person who
has obtained Letters of Administration to the estate of any deceased
person and in any case that appears to him to require him so to do,
pending the grant of Probate of any Will or of Letters of
Administration to such estate, to take possession of, seize, reduce
into possession, sell, realise, and get in the estate, real and personal,
or any person dying in Trinidad and Tobago or possessed of
property in Trinidad and Tobago, whenever such estate and effects
are shown not to amount in gross value to the sum of nine hundred
and sixty dollars, without applying for probate of any Will or grant
of Letters of Administration:

Provided that nothing herein contained shall be construed to
limit the power to issue administration conferred by rule 5 in the
First Schedule to the Wills and Probate Act. And administration
under the said rule shall, if granted in respect of any estate so taken
possession of as hereinbefore mentioned, be deemed equivalent to
a grant of administration of the state unadministered by the
Administrator General:

Provided also, that in the event of its being made to appear at
any time after the Administrator General has proceeded to take
possession of any estate under the provisions of this section, that
such estate equals or exceeds in gross value the sum of nine hundred
and sixty dollars, then such possession and the acts done to obtain
the same and any sale or realisation of such estate and effects or of
any part thereof shall not be in any way invalidated, but the
Administrator General may forthwith proceed to apply for Probate
or Letters of Administration to be granted to him or to any person
or persons entitled.

19. In any case in which it appears that the property, real and
personal, of or to which a deceased intestate has died possessed or
entitled does not exceed in value the sum of nine hundred and
sixty dollars, and no application has been made by any person
entitled under rule 5 in the First Schedule to the Wills and Probate
Act, it shall be lawful for the Administrator General to make
application as in such rule provided for the benefit of any person

Small estates
under $960, in
absence of
executor or
administrator.

Ch. 9:03.

Intestates’
estates under
$960.

Ch. 9:03.

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14 Chap. 9:01 Administration of Estates

who may appear to him to have established a legal, equitable or
moral claim, and in default of any such person, for the use of
Trinidad and Tobago; and in such first-mentioned case to pay or
divide or grant the estate of the deceased, when administration
shall have been granted, among the persons who shall have
established a legal claim, and, in default of any such persons,
with the assent of the President, among persons who shall
establish an equitable or moral claim, in such proportions and
subject to such conditions and the payment of such costs as the
President may approve.

20. Where any person shall have died intestate and without
leaving next of kin, the Administrator General may, if the estate
does not exceed nine hundred and sixty dollars, without obtaining
Letters of Administration, and in other cases after obtaining Letters
of Administration, take possession of and administer the real and
personal estate of such deceased intestate on behalf of Trinidad
and Tobago without limit of amount: Provided that in the event of
such estate, real and personal, proving to exceed in value the sum
of nine hundred and sixty dollars, such Administrator General shall,
as soon as may be after it has so been made to appear, apply to the
Court for Letters of Administration to the estate of such intestate
to be granted to him on behalf of Trinidad and Tobago.

21. In the event of the death of any person beneficially
entitled to an estate or any part of an estate vested in and under
administration by the Administrator General, the Administrator
General, without obtaining the proof of any Will of such person
or the grant of any Letters of Administration to his estate and
effects, shall be deemed the person entitled to represent the
deceased person so beneficially entitled until proof of the Will
of such person or the grant of Letters of Administration to the
estate and effects of such person by or to some person in Trinidad
and Tobago, irrespective of the amount or value of the beneficial
interest of the person deceased.

22. It shall be lawful for the Court, on the petition of the
Administrator General or of any person interested, to make order
for the administration of any estate which shall have been taken
possession of by the Administrator General or whereof
administration shall have been granted to such Administrator
General under any of the preceding sections of this Act, and to
order that it be referred to a Judge to take the accounts of the funeral

Dealing with
estates of
intestates not
leaving next of
kin.

Estate of party
interested in
administration.

Court may order
administration
and refer
accounts, etc., to
Judge.

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

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and testamentary expenses and debts of the testator or intestate
and of his estate, and for the application of the same in payment of
the costs of suit of such Administrator General, to be taxed as
between Attorney-at-law and client, and of the debts and legacies,
if any, in due course of administration, and to enquire and ascertain
who are the persons entitled to the residue of such estate; and such
proceedings shall be had on such order as if an action had been
filed for the administration of such estate.

DISTRIBUTION OF ESTATES

23. An estate or interest to which a deceased person was
entitled on his death in respect of which he dies intestate shall,
after all payment of debts, duties, and expenses be distributed or
held on trust amongst the same persons being kin or next of kin in
accordance with sections 24, 25, 26 and 26A.

24. (1) Where an intestate dies leaving a surviving spouse
but no issue, his estate shall be distributed to or held on trust for
the surviving spouse absolutely.

(2) Where an intestate dies leaving issue, but no spouse,
his estate shall be distributed per stirpes among the issue.

(3) Where an intestate dies leaving a spouse and one
child, the surviving spouse shall take one-half of the estate
absolutely and the other half shall be distributed to or held on
trust for the child.

(4) Where the intestate dies leaving a spouse and more
than one child, the surviving spouse shall take one-half the estate
absolutely and the remaining one-half shall be distributed to or
held on trust for the children.

25. (1) Notwithstanding section 24, where an intestate dies
leaving no surviving spouse, but dies leaving a surviving cohabitant,
the cohabitant shall be treated for the purposes of this Act as if he
or she were a surviving spouse of the intestate.

(2) Notwithstanding section 24, where an intestate dies
leaving a spouse and a cohabitant and the intestate and his spouse
were at the time of his death living separate and apart from one

Distribution on
intestacy.
[28 of 2000].

Shares of spouse
and issue.
[28 of 2000].

Rights of
cohabitants.
[28 of 2000].

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16 Chap. 9:01 Administration of Estates

another, only such part of the estate as was acquired during the
period of cohabitation shall be distributed to the cohabitant, subject
to the rights of a surviving spouse and any issue of the intestate.

(3) A surviving cohabitant claiming a share of the estate
of an intestate under this section shall, within twenty-eight days of
the death of the intestate, file with the Registrar of the Supreme
Court a notification of interest as the surviving cohabitant and,
within three months thereafter or such other time as the Court
considers appropriate having regard to all the circumstances, obtain
an order from the Court affirming the cohabitational relationship
with the intestate and stating the quantum of the share of the estate
to which the cohabitant is entitled.

(4) The Rules Committee shall make Rules for matters
arising under this section.

26. Where an intestate leaves no spouse, no cohabitant or no
issue, the estate goes to the parents of the intestate in equal shares
or the survivor of them.

26A. Where the intestate leaves no spouse, no issue, no
cohabitant and no parent, then his estate shall be distributed to or
held on trust for his next of kin living at the time of his death in the
following order and manner:

(a) to the brothers and sisters of the whole blood in
equal shares;

(b) where there are no brothers or sisters of the whole
blood, to the brothers and sisters of the half blood
in equal shares;

(c) where there are no brothers and sisters of the
whole or half blood to the grandparents of the
intestate in equal shares;

(d) where there are no grandparents to the issue of
the brothers and sisters of the whole blood;

(e) where there is no issue of the brothers and sisters
of the whole blood to the issue of the brothers
and sisters of the half blood; and

(f) where there is no issue of the brothers and sisters
of the half blood to the uncles and aunts of the
intestate, being brothers and sisters of the whole
blood and then of the half blood of a parent of
the intestate.

Estate going to
parents.
[28 of 2000].

Distribution of
estate to next of
kin.
[28 of 2000].

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LAWS OF TRINIDAD AND TOBAGO

Administration of Estates Chap. 9:01 17

26B. Descendants and relatives of the intestate, conceived before
his death but born afterwards, inherit as if they had been born in
his lifetime and had survived him.

26C. In default of any person taking an absolute interest under
the foregoing provisions, the estate of the intestate belongs to the
State as bona vacantia.

WAIVER OF RIGHTS OF STATE

27. Whenever the Administrator General on behalf of Trinidad
and Tobago has obtained administration to the estate of a deceased
person intestate, and no person appears to be legally entitled to the
beneficial interest in the residue of such estate under the provisions
of sections 24 to 26A, it shall be lawful for the President or any
person duly authorised by him, by warrant, to order the payment
or transfer of the whole or any part of such residuary estate if got
in and converted into money, or the transfer, delivery, or grant of
any part thereof unconverted, whether consisting of real or personal
estate, to any person who shall have established to the satisfaction
of the President or any person duly authorised by him a legal,
equitable, or moral claim thereto. And in the case of any part of
such residuary estate consisting of land, then the Administrator
General shall, by virtue of such warrant, execute and deliver to
such person a Deed of transfer under the provisions of section 12,
vesting such land in such person in accordance with the terms of
such warrant. And in the case of such residue consisting of money
which has been paid to the Comptroller of Accounts on behalf of
Trinidad and Tobago, then the Comptroller of Accounts shall, on
such warrant, pay the amount therein specified to the person in such
warrant mentioned, and any such warrant as aforesaid may be granted
on such terms and conditions as to the costs and fees attendant on
transfer and as to the payment of such duties and otherwise, as to
the President or any person duly authorised by him may seem fit.

28. Where a person has died intestate, and the value of the
estate, real and personal, of such person does not exceed nine
hundred and sixty dollars, and such estate of such person shall
have vested in the Administrator General under the provisions of
subsection (4) of section 10, and no administration to the estate of
such person has been granted, it shall be lawful for the President
or any person duly authorised by him, at any time after the

Posthumous
births.
[28 of 2000].

No successors.
[28 of 2000].

Grant of State
rights after
administration.
[28 of 2000].
Ord. 32—1947.

Grant of State
rights without
administration.
[28 of 2000].
Ord. 32—1947.

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LAWS OF TRINIDAD AND TOBAGO

18 Chap. 9:01 Administration of Estates

expiration of six months from such death, on its being made
to appear by affidavit, that the deceased person has died
intestate, and that there is no evidence that there is any person
in Trinidad and Tobago entitled to his estate under the
provisions of sections 24 to 26A, to transfer to any person
who shall have established a legal, equitable, or moral claim
thereto within the meaning of the last preceding section, such
part of the residuary estate of the intestate; consisting of land,
as shall then be so vested in the Administrator General, to
such persons and for such estates as shall in such warrant be
directed. Such warrant may be granted subject to such terms
and conditions as in the last preceding section specified.

29. A transfer of land under either of the two last preceding
sections shall be entered, in the case of land subject to the provisions
of the Real Property Act, on the Real Property Register, and in the
case of land not so subject, in the Protocol of Deeds, on the delivery
thereof to the Registrar General within twelve days from the same
being signed, and at the expiration of one year from such
registration shall be deemed to have passed the legal estate in such
land according to the terms of such transfer; and administration
obtained to the estate of such intestate after the expiration of such
year shall not be deemed to vest in the real representative to whom
such administration shall have been granted or in the next of kin
the legal or beneficial estate respectively in such land:

Provided that in the case of land subject to the provisions of
the Real Property Act, on the entry of any such transfer the
Registrar General shall enter a caveat on behalf of the
Administrator General and all persons entitled to take out Letters
of Administration, and shall remove the same at the expiration
of one year from such registration.

30. The registration in the Protocol of Deeds of transfers or
warrants under sections 10 and 11 of the Distributions Ordinance,
No. 102, granting land not subject to the provisions of the Real
Property Act shall, as regards transfers or warrants which at the
time of the commencement of this Act have been entered in such
protocol for a period of two years and upwards, or if not so entered
for the full period of two years on the 7th of March, 1912, then
upon the completion thereof, be deemed to be in all respects valid
and effectual for the purposes set forth in the last preceding section.

Registration of
warrant.

Ch. 56:02.

Registration in
ordinary
register.
Ch. 56:02.

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Administration of Estates Chap. 9:01 19

31. A transfer under section 27 shall, as to any land therein
comprised, be deemed in like manner to take effect by way of
entitling the person therein named to possession, and shall bind
the legal and beneficial estate in such land according to the tenor
thereof after the expiration of one year from its registration, unless
in the meantime application has been made on behalf of persons
claiming to be entitled as against the State to set aside the
administration granted to the Administrator General, or thereafter
in the event of all such applications being unsuccessful.

PART IV

ESTATES OF PERSONS OF UNSOUND MIND
32. The Administrator General may be constituted the

committee or a joint committee of the estate and effects of any
person of unsound mind in the same manner as any other person
capable of being so constituted and appointed, at the discretion of
the Court having jursidiction in that behalf.

33. The Administrator General shall possess himself of the
estate, real and personal, of any person of unsound mind resident
in Trinidad and Tobago where such estate does not exceed in
value the sum of four hundred and eighty dollars, without any
inquisition found, and may administer such estate for the benefit
of such person, and may take possession of, sell, and realise the
estate, real and personal, of such person and make such payments
out of such estate for the maintenance of such person, including
any payment to or on account of the Director of Medical Services
for the maintenance of such person in the mental hospital, as he
may think fit, and generally may exercise all the powers which
could be exercised by the legal personal representative of such
person if he were dead, without any proceedings being instituted
for the purpose.

PART V

GENERAL

34. Nothing in this Act contained shall be deemed in any way
to affect the powers of the President and the Postmaster General
under the Post Office Savings Bank Act to pay, apply, and distribute
moneys standing to the credit of a depositor in the Savings Bank
to the several classes of persons in such Act specified.

Effect of transfer
under section 27.

Administrator
General may be
constituted
committee of
insane person.

Insane persons’
estates.

Savings
Bank deposits.

Ch. 47:01.

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LAWS OF TRINIDAD AND TOBAGO

20 Chap. 9:01 Administration of Estates

35. In respect of all applications to be made to or entertained
by the Court under the provisions of this Act, and of the Court
fees, charges, and costs of parties and Attorneys-at-law payable in
respect of the same, and of the forms to be used in respect of the
same, and generally for carrying the provisions of this Act into
effect, it shall be lawful for the Chief Justice, with the concurrence
of a Puisne Judge, to make such rules and orders as may be deemed
necessary for regulating and providing for the same; and such rules
and orders when made shall be laid before Parliament for
confirmation and have validity in the same manner and subject to
the same conditions in all respects as Rules made under the
provisions of the Supreme Court of Judicature Act.

36. In respect of the duties of the Administrator General and
of his officers, and of any persons assisting him or acting for him,
and in respect of the manner of all applications to be made to and
all business to be transacted by or with the Administrator General
or such officers and other persons other than proceedings in the
Court, the Minister may make such Regulations as may be deemed
expedient; and such Regulations when made shall be published in
the Gazette and shall be binding on the Administrator General and
his officers and all persons assisting him or acting for him and all
persons affected thereby in the same manner as if the same were
embodied in this Act.

Rules as to
procedure.

Ch. 4:01.

Regulations for
conduct of office
of Administrator
General.

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LAWS OF TRINIDAD AND TOBAGO

Administration of Estates Chap. 9:01 21

SUBSIDIARY LEGISLATION

ADMINISTRATOR GENERAL’S FEES
AND CHARGES ORDER

ARRANGEMENT OF ORDERS
ORDER

1. Citation.
2. Commission to be paid to the Administrator General.
3. Commission to be paid where waiver is granted.
4. Commission payable under sections 27 and 28.
5. Commission payable on value of property.
6. Fees payable under sections 27 and 28 for resignation.
7. Estate duties payable in accordance with the Administration of

Estates Act.

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[Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

22 Chap. 9:01 Administration of Estates

ADMINISTRATOR GENERAL’S FEES
AND CHARGES ORDER

made under section 35

1. This Order may be cited as the Administrator General’s
Fees and Charges Order.

2. Under section 7 of the Act a commission of 5 per cent, is,
unless otherwise directed by the Court, payable on all sums received
by the Administrator General in respect of any estate coming into
his hands.

3. A commission of 3 per cent is payable on all sums of money
in respect of which a waiver is granted.

4. On a transfer of real and personal estate (other than money)
under sections 27 and 28 of the Act—

Where the net value of the estate (after making
allowances for deductions as authorised by the
Estate and Succession Duties Act for arriving at
the net value of an estate), does not exceed $480,
71/2 per cent commission is payable.

Where it exceeds $480, 10 per cent commission
is payable:

Provided that where the estate is insolvent, a
fee of $5.00 on every $480 (or part thereof) of
the gross value of the estate shall be payable:

Provided further that the amount of
commission payable on an estate at the rate
applicable thereto shall where necessary be
reduced so as not to exceed the highest amount
of commission which would be payable at the next
lower rate, with the addition of the amount by
which the value of the estate exceeds the value
on which the highest amount of commission
would be so payable at the lower rate.

RG 25.11.37.

Citation.

Commission to
be paid to the
Administrator
General.

Commission to
be paid where
waiver is
granted.

Commission
payable under
sections 27
and 28.

Ch. 76:02.

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[Subsidiary]Administrator General’s Fees and Charges Order

LAWS OF TRINIDAD AND TOBAGO

Administration of Estates Chap. 9:01 23

L.R.O.

5. On all conveyances and transfers to perfect or rectify titles,
a commission of 5 per cent is payable on the value of the property.

6. In respect of transfers of land under sections 27 and 28
of the Act, a fee of 24 cents is payable for resignation.

No stamp duty is payable.
No fee for preparation of the Deed is payable.

7. Estate duty shall be paid on all estates subject to duty
in accordance with provisions of the Estate and Succession
Duties Act.

Commission
payable on value
of property.

Fees payable
under sections
27 and 28 for
resignation.

Estate duties
payable in
accordance with
the Adminis-
tration of
Estates Act.
Ch. 76:02.

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