In Trinidad and Tobago, the passing of a loved one poses not only emotional challenges but also legal complexities, especially for common law spouses navigating estate distribution. The presence or absence of a will profoundly influences the procedure by which the surviving common law partner can assert their rightful share of the estate. In this article, we delve into the dynamics of each scenario to shed light on the procedures involved.
A Cohabitant Without a Will:
In the event of a common law partner passing away without a will, the surviving partner must act promptly to secure their share of 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 the person. However, if this time has passed it is possible to apply for an extension of time to file the notification of interest. (2) File an application in court to declare that you were in a cohabitational relationship with the deceased. The surviving person will only be considered to be living in a cohabitational relationship with the deceased if the surviving person and the deceased both lived together for at least 5 years immediately preceding the death of the deceased and the nature of the relationship resembled that of a married couple. Recognition by the court entitles the surviving partner to a share of the deceased's estate. 
A Cohabitant With a Will:
If the deceased cohabitant had a will, the process of estate distribution follows a different path. Will Probate: The will undergoes probate, where the court ensures its validity. If the deceased made provisions for the surviving cohabitant in the will, the designated assets are transferred according to the specified wishes. No Need for Notification of Interest: Procedures such as filing a Notification of Interest and declaring a cohabitational relationship are not applicable if there is a valid will. The distribution of the estate strictly adheres to the instructions laid out in the will. Conclusion: Understanding the distinction between scenarios where a cohabitant passes away with or without a will is vital for navigating the legal landscape effectively. Whether following the prescribed steps for notification and declaration or adhering to the provisions of a will, the surviving common law spouse can secure their rightful share of the estate.
Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue.
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