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My partners father died 20 months ago. He lived in Trinidad…

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My partners father died 20...
My partners father died 20 months ago. He lived in Trinidad for his last years with his wife who has a house in London. His father told my partner of his wishes and was in touch with a Solicitor in Trinidad. After his death my partner was advised by his wife that there was no will in place. We contacted the Solicitor that my partners father had used and they claimed that they did have his file but there were 'no instructions' and was waiting for his wife to contact them. The Solicitor confirmed at this time that she was the Executor. 'The Executor of what if there is no will??!!' Eight weeks later the Solicitor closed the case and sent back the paper work to the wife. She claims she has no paper work! We appointed a Solicitor in Trinidad to take on this case. We don't seem to be getting anywhere. He has sent a few letters asking her for the will but she has not responded and things seem to moving very slowly.
Is it possible to get legal representation in the UK for this case? We are lead to believe that my partners father had bank accounts here and Trinidad. We new what his wishes were and they are not being carried out and we would appreciate any help or direction. Thankyou kindly.
Submitted: 8 years ago.Category: UK Law
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Answered in 4 hours by:
6/27/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,166
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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You are right to say that the wife could not by an executor (executrix) without a will. This was either a slip of the toungue or suggests that there is in fact a will and it was at one point at least held by that solicitor. If there is no will, one is an administrator and not an executor.

The is a process whereby you can apply to subpeona a will where you believe one is being held by a particular party. You apply to the court (probate registry) and they make an order for the party in question to attend the court with a copy of any will they hold. Failure to comply can have serious consequences for the party involved.

I would recommend you appoint a soliciotr to assist you with this procedure and to pursue the matter generally as your T&T lawyer may be limited in his knowledge of the British legal system which would put him at a disadvantage
Joshua
Joshua, Lawyer
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Customer reply replied 8 years ago

Thankyou very much.Would a UK Solicitor be able to take this case on even though most of his assets were in Trinidad and do they have different legal proceedings to us??

Is there such a thing as a UK based solicitor from the West Indies / T&T?

 

Solicitor: Joshua, Lawyer replied 8 years ago
Apologies for the delay in replying - I am traveling and had to catch a plane.

I suspect what you actually need is a UK solicitor to pursue the possible existence of the UK will and then if you require one, a T&T solicitor.

You will need to obtain probate in the UK in respect of any assets held in the UK. You will likely need to obtain the equivalent of probate in T&T to deal with any assets held there though they may accept a UK grant properly legalised by the Foreign and Commonwealth Office.

There may be a UK solicitor who has expertise in T&T law but I would have no idea how you track such a lawyer down. I imagine they would be few in number at best.
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