Senior Multimedia Reporter
joshua.seemungal@guardian.co.tt
People waiting for the distribution of assets–to inherit the properties, money or investments of deceased loved ones–face agonising hold-ups as there is an approximate delay of six years in processing probate matters at the Judiciary of T&T.
Information obtained from the Judiciary by Guardian Media in a Freedom of Information request revealed that as of October 2023, there were 14,915 pending probate matters.
Between August 1, 2020, to July 31, 2023, 7,690 probate matters were completed. With 7,690 probate matters completed in the 1,095 days between August 1, 2020, and July 31, 2023, it works out to around seven probate matters being completed a day.
Using the rate of seven completed matters a day, it is estimated that the 14,915 pending matters will take 5.8 years to complete at the present rate.
Number of completed probate matters:
August 1, 2022, to July 31, 2023–2,551 matters
August 1, 2021, to July 31, 2022– 2,616 matters
August 1, 2020, to July 31, 2021–2,523 matters
Between January 1, 2021, and August 31, 2023, 7,240 grants were issued by the probate registry–an average of seven a day.
Between January 1, 2023, and August 31, 2023–1,711 grants were issued.
Between January 1, 2022, and December 31, 2022–3,214 grants were issued.
Between January 1, 2021, and December 31, 2021–2,315 grants were issued.
LATT working alongside Judiciary
to ensure delays eliminated
Responding to questions from Guardian Media, the Law Association of Trinidad and Tobago said it was aware of the delays in the issue of grants by the Probate Registry of the High Court of Justice. The association said it held discussions with the Judiciary to identify the issues and implement solutions.
“The Judiciary has partnered with the LATT in sensitising LATT members to issues which potentially delay grants. The LATT has also apprised the Judiciary of concerns and complaints which members have.
“Discussions between the LATT and the Judiciary are ongoing, and LATT members have seen improvements in the speed with which grants are obtained. The LATT continues to work assiduously alongside the Judiciary and will do all within its power to ensure that these delays are eliminated,” LATT said.
In January 2023, Tobagonian attorneys expressed frustration with the operations of the Probate Registry, calling for Chief Justice Ivor Archie to address the issues. The Tobago Lawyers’ Association (TLA) penned a letter to the Chief Justice in July 2022 entitled “Difficulties being faced by attorneys at law at the Probate Registry.”
Then TLA president Dawn Palackdharry Singh wrote that the association received a large number of complaints about the application processes for letters of administration and grants of probate. She said there were issues with a lack of communication from the Registry; the absence of a probate division for Tobago, as well as conflicting instructions from the assistant registrars.
“The cumulative result is that it is becoming very difficult to get these applications completed. We have to deal with our clients, who are sometimes persons in great need of grants to access funds and deal with property or elderly persons who have to make multiple trips to our officers for queries that serve no real clarification to the issuing of a grant.
“While we appreciate the new efficiency of the online searches, the bottleneck has now moved further along the process,” Palackdharry Singh wrote in the letter.
In July 2018, the Judiciary launched the E-Probate Registry—an online service for lodging probate searches. An online post by the Judiciary said, “The system gives attorneys an electronic record of all their search results and their search history. This provides a greater level of accountability by the Judiciary and by Attorneys.”
