The Judiciary has sought to clarify the procedure to apply to the estate of someone who died without leaving a will. The clarification was provided in a media release yesterday morning.
Although the release did not specifically mention a pending lawsuit against the Judiciary’s Probate Registry over a decision to require that a woman do a paternity test to receive letters of administration for the estate of her father who passed away almost two decades ago, it came two days after newspaper reports on the case.
In the release, the Judiciary stated that persons have to prove they are entitled to apply on behalf of the estate.
“A grant cannot be given to someone simply because they say it should be,” the Judiciary said.
It noted that in some cases a declaration of paternity is required.
“This declaration can be sought from the court and paternity proven in several ways, including by affidavit of other persons who can state reliably that they were aware the person was the child of the deceased person and was acknowledged as such,” it said.
“A declaration of paternity is sought from the court and is not a paternity order and does not require a DNA or blood test,” it added.
In late December, Mary Harrylal-Hazell, of Felicity, Chaguanas, filed a judicial review application against the Registrar of the Supreme Court of Judicature Probate Registry through her attorney Richard Jaggasar.
According to the court filings in the case, Harrylal-Hazell’s father Harrylal Mahadeo died in May 2003 without leaving a will. In February, last year, she made the application to the registry with her siblings’ consent as she was the only one interested in their father’s modest estate which merely comprises a parcel of agricultural land that he did not hold the title to but was allowed to cultivate before he died.
Six months later, the registry contacted Harrylal-Hazell and reportedly informed her that she would be required to provide a paternity order for her application to be processed.
In her lawsuit, Harrylal-Hazell is claiming it is impossible for her to comply as her father died more than 19 years ago.
She is seeking a series of declarations over the registry’s alleged conduct and an order compelling it to facilitate her application by withdrawing the alleged query for the paternity test.
The case has been assigned to High Court Judge Robin Mohammed who is expected to determine whether she should be granted leave to pursue the case before considering the substantive issues raised.
Contacted yesterday, Jaggasar defended the decision to file the case.
“It is improper to comment on an ongoing matter before the court, however, I will say all will be revealed during the course of the claim,” he said.
