One common question that we get for Probate and Administration matters is “How much is this going to cost?” Here is our guide to Probate/ Administration fees in Trinidad and Tobago.
In Trinidad and Tobago the Legal Profession Act and the Wills and Probate Act set the maximum fees that Attorneys can charge for probate/ administration services. The fees for those services under those Acts are determined by a fixed schedule of charges. However, the exact fees can vary based on the specific circumstances of each case and may be subject to negotiation between the Attorney-at-law.
TL; DR
Legal Fees
In Trinidad and Tobago, Probate/ Administration is one of the areas of law where fees are set in law (by statute). Under the Legal Profession Act, Chap. 90:03, the fees chargeable for Probate/ Administration are set out in a Schedule to the Act as seen below as made under the Attorneys-at-law
(Remuneration) (Non-Contentious Business) Rules.
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However, Attorney’s fees for related/ ancillary matters can be determined by a number of factors, such as:
1. the complexity of the estate/ matter;
2. the amount of time and work involved;
3. comparable rates/fees;
4. the skill, specialised knowledge and responsibility involved on the part of the Attorney-at-law;
5. the number and importance of the documents prepared without regard to length; and
6. where money or property is involved, its amount or value; and
7. the importance of the matter to the client.
note also Part III of the Wills and Probate Act, Chap. 9:03
Comparatively, standard/ scale legal fees would not include costs when:
- there is the possibility of someone challenging the Will/ proposed Administrator;
- there are assets overseas – outside of Trinidad and Tobago;
- there are complex assets (such as trusts);
- there is conflict among the beneficiaries or between the beneficiaries and the Executor/s or Administrator/s
As part of the legal fees, Attorneys usually collect the Grant of Probate/ Administration, and may also undertake the collecting and distributing of assets.
Other Costs
Additional costs, often called “disbursements” are costs or expenses that are related to the matter that are payable to external third parties, such as filing fees, taxes etc.
Additional Notes on Costs
While the Legal Profession Act’s non-contentious business rules and the Wills and Probate Act set out the maximum fees chargeable for probate/ administration work, those scale fees have not been updated since 1997, and are widely viewed within the profession as out of sync with inflation, the costs of operating a legal practice and dealing with the challenges at the Probate Registry. A committee was convened by the Law Association of Trinidad and Tobago to indicate recommended reform/s to the Attorneys-at-law (Remuneration) (Non-Contentious Business) Rules. That committee proposed updated scale fee schedules. However, the corresponding legislation has not yet been amended to adopt the proposed reforms.
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