Succession to immovable property in India is governed by Indian law, while movables follow the law of your domicile. A resident of Trinidad and Tobago with Indian property should make a will that is valid in India, signed with two attesting witnesses. When the will has been proved in the High Court of Trinidad and Tobago, Indian courts can grant letters of administration with that will annexed under section 228 of the Indian Succession Act.
- Document route
- Notary or attorney-at-law, then apostille (check the issuing office)
- Time difference
- IST is 9h30 ahead all year (no daylight saving)
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Trinidad and Tobago: how it works
We draft a will covering Indian assets that sits alongside your Trinidad will, with matching executors or a clear division between the two. You sign it in Trinidad before two witnesses who are not beneficiaries. Registration in India is optional but adds weight. We suggest a notarised and apostilled affidavit of execution by the witnesses, because tracing them years later in Trinidad can be difficult.
After a death, if the will was proved in Trinidad, we obtain an authenticated copy of the grant and file for letters of administration in India under section 228. If there is no Trinidad grant, the Indian court can probate the will afresh, with evidence from witnesses taken by video or commission. Where probate is not compulsory, many registrars and banks still prefer it for larger assets. Heirs who object can be heard in the same proceedings.
What clients in Trinidad and Tobago should know
- Section 5 of the Indian Succession Act applies Indian law to Indian immovable property, regardless of a Trinidadian domicile.
- A grant from the High Court of Trinidad and Tobago is the starting point for section 228 letters in India.
- Hindu, Muslim and Christian testators are governed by different Indian rules on what can be willed, which affects drafting.
Step by step from Trinidad and Tobago
Video consultation
A call at a time that suits Trinidad and Tobago, after we have read your documents.
Documents signed in Trinidad and Tobago
Notary or attorney-at-law, then apostille (check the issuing office)
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Trinidad and Tobago where needed.
The full guide
This page covers what changes when you are in Trinidad and Tobago. For the law, the documents and the step-by-step procedure, read our main page on Wills & Probate, or see all services for clients in Trinidad and Tobago and the Inheritance & Documents practice area.
Questions from clients in Trinidad and Tobago
Can my Trinidad will be used in India?
Yes, if properly executed, but it may need an Indian grant based on it. A separate Indian will often makes administration simpler.
Do my witnesses have to come to India?
Usually not. Their evidence can be given by affidavit, video or commission if needed.
Is probate compulsory in India?
Only in limited cases, depending on the testator's community and where the will was made or the property is situated. It is often advisable anyway.