A Chaguanas woman has sued the Judiciary’s Probate Registry over a decision to require her to do a paternity test in order to receive letters of administration for the estate of her father, who passed away almost two decades ago.
Guardian Media understands that Mary Harrylal-Hazell, of Felicity, Chaguanas, filed the judicial review application against the Registrar of the Supreme Court of Judicature Probate Registry through her attorney Richard Jaggasar late last year.
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 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 that it is impossible for her to comply, as her father died over 19 years ago.
“Firstly, the body was cremated over 19 years ago and there are no living siblings of the deceased who can assist,” Jaggasar said.
“The applicant has therefore exhausted all options and simply cannot obtain a paternity order which she is told is a requirement.”
Jaggasar also suggested that the 42-day deadline to provide the requested information was unreasonable. (See page 10)
“Therefore, the Respondent expected her to track down a relative, visit a laboratory, take the necessary samples, retrieve the results, and instruct her attorney-at-law who then prepares the affidavit in response and files the same; all inside of 42 days,” Jaggasar said.
“In this case, no harm can come from the grant. However, the Respondent has made the most unbelievable and unreasonable request of the Applicant knowing such a request cannot be satisfied,” he added.
Through the lawsuit, Harrylal-Hazell is seeking a series of declarations over the registry’s conduct and an order compelling it to facilitate her application by withdrawing the 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 by her.
A date for the first hearing of the case is yet to be set.
