Common-Law Relationships and Inheritance in Trinidad and Tobago

In Trinidad and Tobago, many couples live together without being formally married. Some have been together for decades, raised children, built homes, and accumulated property - all without a marriage certificate. But what happens when one partner dies?

The answer, for many people, is a painful surprise.

The Default Position: No Will, No Automatic Rights

If your common-law partner dies without a will (intestate), the Distribution of Estates Act governs how their estate is divided. And here is the critical point: the Act does not automatically recognise common-law partners as beneficiaries.

Under the intestacy rules, the estate goes to:

1. The surviving legal spouse and children
2. If no spouse, to the children equally
3. If no children, to parents
4. Then to siblings, and so on down the line of blood relatives

If your partner was not legally married to you, and they did not leave a will naming you as a beneficiary, you may receive nothing from their estate - regardless of how long you were together or how much you contributed.

The Cohabitational Relationships Act

Trinidad and Tobago does have the Cohabitational Relationships Act, which provides some protection for common-law partners. Under this Act, if you have lived with your partner in a conjugal relationship for at least five years, you may apply to the court for:

• A share of property acquired during the relationship
• Maintenance (financial support)

However, there are important limitations:

• You must apply within a time limit. After the relationship ends (including by death), you have a limited window to bring your claim.
• The court has discretion. There is no automatic entitlement. The court considers factors like the duration of the relationship, your contributions (financial and non-financial), and the needs of both parties.
• It does not replace a will. Even if the Act gives you some rights, the process involves court proceedings, legal costs, and uncertainty. A will is far simpler and more certain.

The Problem in Practice

In my experience, the most common scenario is this: a couple lives together for 20 or 30 years. One partner dies. The surviving partner assumes they will inherit everything - the house, the savings, the vehicle. But without a will, the deceased partner's biological family may have a stronger legal claim.

I have seen cases where:

• A surviving partner of 25 years was asked to leave the home they built together because the property was in the deceased's name and the family wanted to sell
• Children from a previous relationship contested the surviving partner's right to any share of the estate
• Bank accounts were frozen and the surviving partner could not access funds for months

These situations are devastating, and they are largely preventable.

What You Should Do

If You Are in a Common-Law Relationship

1. Make a will. This is the single most important thing you can do. A properly drafted will ensures your partner is provided for, regardless of whether you are married or not.

2. Consider joint ownership. If you own property together, having both names on the deed (as joint tenants with right of survivorship) means the property passes automatically to the surviving partner on death, outside of the estate.

3. Update your beneficiary designations. Check your life insurance, pension, and bank accounts to make sure your partner is named as the beneficiary.

4. Talk to a lawyer about your specific situation. Every relationship is different, and the best approach depends on your circumstances - your assets, your family structure, and your wishes.

If Your Partner Has Died Without a Will

1. Get legal advice immediately. Time limits may apply, especially if you need to make a claim under the Cohabitational Relationships Act.

2. Gather your evidence. Collect any documents that show the nature and duration of your relationship - utility bills in both names, photographs, joint accounts, correspondence, and witness statements from people who knew you as a couple.

3. Do not sign anything or agree to any distribution without legal advice. Well-meaning family members may propose arrangements that are not in your best interest.

The Takeaway

The law in Trinidad and Tobago is slowly catching up with the reality of how people live. But it is not there yet. If you are in a common-law relationship, do not assume you are protected. Take steps now to secure your position - and your partner's.

Making a will is not expensive, and it is not complicated. It is one of the most loving things you can do for the person you share your life with.

I help clients across Trinidad with will preparation, probate applications, and estate disputes. If you have questions about your rights as a common-law partner, I am here to help.

Written by

Karuna Maraj

Principal Attorney at Pragma Legal. I write about property law, probate, construction disputes, and practical legal topics relevant to people and businesses in Trinidad and Tobago.

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