Resealing a Foreign Grant of Probate in Trinidad and Tobago

If a loved one died abroad but left property in Trinidad, you may already hold a grant of probate or letters of administration from another country. A natural question is whether that foreign grant can simply be used here. Sometimes it can, through a process called resealing. Sometimes it cannot, and a fresh Trinidad application is needed instead. This article explains which is which.

This sits alongside my guides on how to handle probate in Trinidad from the USA and my page for Trinidadians abroad. You can also read more about the underlying process on my probate and estate administration page.

What resealing is

Resealing is the procedure by which a grant of representation obtained in one country is sealed with the seal of the Trinidad court, giving it the same force and effect here as a grant issued in Trinidad. In plain terms, it lets an existing foreign grant be recognised and used to deal with assets located in Trinidad, without starting the whole application again.

Which grants qualify in Trinidad and Tobago

Trinidad and Tobago allows resealing only for grants from a limited group of countries: grants issued in Britain, by a British court in a foreign country, or in a colonial or Commonwealth territory. In everyday terms, that means grants from the United Kingdom and other Commonwealth countries.

So, for example:

• A grant from the United Kingdom can be resealed in Trinidad.
• A grant from Canada generally qualifies for resealing, because Canada is a Commonwealth country.
• A grant from the United States cannot be resealed in Trinidad, because the United States is not a Commonwealth country. Some other Caribbean countries have specifically opened resealing to United States grants, but Trinidad and Tobago has not.

What resealing involves

Where resealing is available, the papers generally include a certified or sealed copy of the foreign grant (and an official copy of the will, if there was one), an account of the assets located in Trinidad, and the supporting documents the Probate Registry requires. Where the application is made on behalf of the person entitled, a certified copy of the power of attorney is also needed. Once the Registry is satisfied, the grant is resealed and can be used to deal with the Trinidad assets.

If the grant is from the United States, or another non-Commonwealth country

Because a United States grant cannot be resealed in Trinidad, a fresh Trinidad grant is applied for instead. Trinidad does not use an "ancillary grant" in these cases. The application is made in much the same way as an ordinary Trinidad grant of representation, with some additional papers to account for the foreign element, which in practice include:

• a certified or sealed copy of the foreign grant, order, or authority of the court, and an official copy of the will if there is one;
• a certified copy of the power of attorney, where the application is made by a duly appointed attorney of the person entitled - so a foreign executor or administrator can appoint someone in Trinidad to apply on their behalf;
• an inventory or affidavit of value of the assets located in Trinidad;
• the oath or affidavit to lead the grant, reciting the date and place of death, the deceased's place of domicile, particulars of any foreign grant, the applicant's entitlement, and the value of the Trinidad estate;
• an affidavit as to foreign law, required where no grant has been obtained in the deceased's place of domicile;
• an affidavit of due execution where the estate is testate.

The route therefore turns on where the deceased was domiciled and on which country issued any existing grant.

How I can help

I handle both routes for estates with Trinidad assets: resealing a qualifying Commonwealth grant, and, where resealing is not available, the fresh Trinidad application. Where you are overseas, I can act for you remotely, and a foreign executor or administrator can appoint someone in Trinidad under a power of attorney to make the Trinidad application on their behalf, so no one needs to travel. If you would like me to look at your situation, you are welcome to get in touch.

This article is general information about Trinidad and Tobago law. It is not legal advice, and it does not address the law of any other country. Every estate is different, and specific advice requires a specific consultation with an attorney of your choice.

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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