What happens if a relative dies without a will?

The estate is distributed according to the rules of intestate succession, and an application is made for letters of administration rather than a grant of probate. The process is longer and more costly than administering a valid will.

How long does a grant of probate take?

Timing depends on the completeness of the papers, the nature of the assets and the current pace of the registry; several months is common. Assets located outside Dominica may require a resealing or a separate grant in that jurisdiction.

How is matrimonial property divided?

The court considers the contributions of each party, the needs of any children and the circumstances of the marriage. Advice at the outset on what a court is likely to order is usually the shortest route to a negotiated settlement.

Can I obtain a protection order urgently?

Yes. Where there is a risk of harm, an urgent application can be made for a protection order. Contact the chambers immediately, and if you are in danger contact the police first.

Areas of Practice · VI

Family & Probate

Discreet counsel for private and cross-border estates.

Attorney-at-Law · Eastern Caribbean Supreme Court
Rights of audience: Magistrate's · High Court · Court of Appeal
Instructions accepted subject to conflicts check
Retainer effective only when confirmed in writing

Matters of family and succession are approached with confidentiality and restraint. The chambers advises on wills and trusts, applications for probate and letters of administration, matrimonial proceedings, and cross-border estate administration.

These are the matters clients least wish to litigate. Where agreement can be reached — on the division of property, on arrangements for children, on the distribution of an estate — the chambers works towards it. Where it cannot, the application is made firmly and without theatre.

Forum

Registry of Births, Deaths & Marriages · High Court · Family Division

Common questions

Family & Probate — what clients usually ask.

What happens if a relative dies without a will?: The estate is distributed according to the rules of intestate succession, and an application is made for letters of administration rather than a grant of probate. The process is longer and more costly than administering a valid will.
How long does a grant of probate take?: Timing depends on the completeness of the papers, the nature of the assets and the current pace of the registry; several months is common. Assets located outside Dominica may require a resealing or a separate grant in that jurisdiction.
How is matrimonial property divided?: The court considers the contributions of each party, the needs of any children and the circumstances of the marriage. Advice at the outset on what a court is likely to order is usually the shortest route to a negotiated settlement.
Can I obtain a protection order urgently?: Yes. Where there is a risk of harm, an urgent application can be made for a protection order. Contact the chambers immediately, and if you are in danger contact the police first.

Take instruction · Family & Probate

Speak to counsel in confidence.

Family and probate conferences are held in strict confidence. Bring the will, death certificate or marriage certificate where these are relevant.

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Family & Probate

Family & Probate — what clients usually ask.

Speak to counsel in confidence.

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