Update on Probate Matters

As you may already be aware, the processing of matters at the Probate Registry has been fraught with significant delays. This includes Grants of Probate, Letters of Administration and other special or limited grants etc. Correspondingly, our Probate Matters update is intended to provide a brief look at the current state of play with applications made to the Probate Registry. In particular, this information is current as at February 2024.

Probate Delays in the Media

In an article dated 29th January, 2024 and a follow up article dated 4th February 2024, it was noted and acknowledged that the widespread delays at the Probate Registry were causing significant and undue hardship. Reporter Joshua Seemungal of the Trinidad and Tobago Guardian was the author of those articles.

Sunday Guardian reported that there are 14,915 pending probate matters as of October 2023. This information was cited from data received under a Freedom of Information request made to Trinidad and Tobago’s Judiciary. Based on calculations done and reported by the Guardian newspaper, recent matters have been processed at a rate of approximately seven (7) matters per day by the Probate Registry which means that there is a wait period of close to six (6) years, on average, for probate related matters to be completed. In this situation, persons face a long and frustrating wait for their applications to be dealt with.

” These alarming statistics underscore the urgent need for action to address the systemic issues causing these delays. “

Titan Chambers

Additional Considerations and key statistics for Probate Matters

In training that our team completed with the Probate Registry in July 2023, it was shared that in looking at a sample of 1,820 applications made to the Registry, of those, seventy-nine percent (79%) or 1,450 were queried. This has resulted in a significant and lengthy backlog of applications in the query piles to be addressed.

In consultation with the Law Association of Trinidad and Tobago (LATT), Sunday Guardian reported that LATT’s response was that it was working with the Judiciary to identify the issues and find solutions. Despite the launch of the electronic Probate Registry in July 2018 with expanded capabilities launched during the Covid-19 pandemic period, it remains evident that significant challenges persist in the probate application process. Consequently, this has caused widespread concern, uncertainty and anxiety.

Next Steps

If you are one of our clients with extenuating circumstances (such as medical issues or health challenges, urgent and imminent migration plans or another like issue) please do contact us, with evidence of same, so that we can make representations for your matter to be expedited where possible.

If you wish to read more on the Probate process in Trinidad and Tobago, check out these articles linked below.

  1. Probate, Administration and Estate Assets I (General Overview and Process)
  2. Probate, Administration and Estate Assets II (Statutory Intestacy Rules)
  3. Probate, Administration and Estate Assets III (Co-operative Societies/ Credit Unions)
  4. Probate, Administration and Estate Assets IV (Probate Costs / Fees)

As always, please do keep in touch for further updates, including additional probate matters updates. As always, we welcome your feedback. Drop us a line!

#TeamTitan

DISCLAIMER

The information on this site is provided for general information only. It does not constitute legal or other professional advice. Unless otherwise specified, content on this site relates only to the laws of Trinidad and Tobago.

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