WHAT DOES DYING “TESTATE” OR “INTESTATE” MEAN?

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​Maybe you've heard these terms before but what do they mean? And what happens when someone dies "testate" or "intestate" in Trinidad and Tobago?

If a person dies “testate” it means the person made a valid will before he or she died.  The will would contain the instructions on how the deceased person wanted his assets to be shared amongst his loved ones. Therefore the assets left behind by the deceased will be shared according to the will. 

If a person dies “intestate” it means the person did NOT make a will before he or she died. When there is no will, the assets that were left behind by the deceased will be shared according to the rules set out in the Administration of Estates Act in Trinidad and Tobago.

According to the Administration of Estates Act:

• Where a person dies without a will and leaves a spouse and no children, his estate will be distributed solely to the spouse.
• Where a person dies without a will and leaves children but no spouse, his estate will go to his children and be shared equally amongst them or if he leaves only one child the estate will go to that child.
• Where a person dies without a will and leaves a spouse and one child, half of his estate will go to his spouse and the other half to his child.
• Where a person dies without a will and leaves a spouse and more than one child, half of his estate will go to his spouse and the other half will go to his children and be shared equally amongst them.

Important Notice: This post does not constitute or provide legal advice. Always consult a suitably qualified lawyer on any legal problem or issue.

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