Cohabitants And Letters Of Administration… Navigating the Legal Maze

In Trinidad and Tobago, many families face confusion and hardship when a loved one dies without leaving a will. One of the biggest challenges arises when the deceased lived with a partner but was not legally married to that person. Can that partner-often called a cohabitant-apply to manage or inherit the estate? The answer is not always simple.

When someone dies without a will, this is known as intestacy.

In such cases, the law sets out who can apply for what is called a Grant of Letters of Administration (LOA)-the legal document giving permission to manage and distribute the deceased’s estate (assets owned by the deceased or which he/she was entitled to at the time of death).

Under Section 30 of the Wills and Probate Act, Chapter 9:03, there is a strict order of priority.

The surviving spouse comes first, followed by the next of kin (such as children, parents, or siblings), and finally, the Administrator General.

This means that, in law, a cohabitant does not automatically qualify to apply.

The term ‘next of kin’ is defined in the Administration of Estates Act, Chapter 9:01, and includes those who are entitled to inherit under the laws of intestacy. These include the deceased’s children, parents, siblings, grandparents, nieces, nephews, aunts, and uncles.

The Courts have clarified that ‘next of kin’ also covers the deceased’s issue, meaning their biological or legally adopted children.

In the case of Jhagroo, Ali, Maharaj & Ors v Seetaram (Civil Appeal No S196 of 2013), the Court of Appeal confirmed that children have a direct right to apply for Letters of Administration when there is no surviving spouse. This decision ensures that children are protected under the law and can take responsibility for their parent’s estate.

Where does this leave cohabitants?

For cohabitants-partners who lived together as husband and wife but were never legally married-the law treats their position differently.

In the 2008 case In the Application of Suresh Ramsawak (TT CV 3831 of 2008), Justice Carol Gobin, in her judgment in this matter, made it clear that cohabitants do not have an automatic right to apply for LOA. However, the court does have some flexibility. Under Section 25 of the Wills and Probate Act, a judge may allow someone outside the normal order of priority, such as a cohabitant, to apply if it is ‘necessary or expedient’ to do so.

This means that while cohabitants are not first in line, they can still be considered in special circumstances-for example, if no spouse survives and the cohabitant was deeply involved in the deceased’s personal or financial affairs. The court may grant the cohabitant limited powers, often with the agreement of the deceased’s family members or other legal heirs. To apply successfully, the cohabitant usually needs a court Declaration, confirming the cohabitational relationship. They must also show that special reasons exist for the Court to appoint them as administrator.

What share can a cohabitant inherit?

The Administration of Estates Act also provides that, in certain situations, a cohabitant can inherit part of the estate. If the deceased left no surviving spouse but left a surviving cohabitant, that person is treated as if they were a lawful spouse for inheritance purposes.

If both a spouse and a cohabitant exist-and the spouse and the deceased were living apart at the time of death-the law divides the estate more carefully. Only the portion of the estate acquired during the period of cohabitation may be shared with the cohabitant, subject to the rights of the spouse and any children.

A cohabitant who wishes to claim a share must act quickly. The law requires them to file a notification of interest within 28 days of the death and to apply for a court order confirming the relationship and determining the size of their share within three months thereafter (or such time as the Court allows).

When children are involved

When the deceased leaves behind minor children, the situation becomes even more delicate. In the case of Jhagroo, Ali, Maharaj & Ors v Seetaram (Civil Appeal No S196 of 2013), the court recognized that a cohabitant who is the natural parent and legal guardian of the children may apply for LOA on their behalf. This is allowed under the Family Law (Guardianship of Minors, Domicile and Maintenance) Act, Chapter 46:08, and Rule 29 of the Non-Contentious Business Rules.

However, once those children reach 18 years of age, the cohabitant loses the right to act on their behalf. The adult children must then make their own application for administration.

Why this matters

This framework balances fairness, family rights, and legal hierarchy, ensuring that estates are administered properly.

Getting help

For those facing these issues, please seek legal guidance from an attorney-at-law. By knowing the rules, families can navigate estate administration smoothly, reduce conflicts, and ensure that the estates and children of deceased persons are protected and respected.

 

Submitted by:

Marilyn Joseph (Attorney-at-Law) and Johanne Ryan (Paralegal)
Civil Legal Department
Legal Aid and Advisory Authority

 

This article is not legal advice. Consult an attorney-at-law for legal issues.