Renunciation and Retraction

• Author: Karen Nunez-Tesheira
• Pages: 414-426

414 / Probate Practice and Procedure

RENUNCIATION

A person who has a right to probate or administration may renounce all

rights and title with respect thereto by filing the appropriate form of

renunciation in the Probate Section of the High/Supreme Court Registry.

Once the renunciation is filed it takes immediate effect and cannot be

retracted except with leave of the court.2

EFFECT OF RENUNCIATION

A. Renunciation by executor3

With respect to Trinidad & Tobago and Barbados, when an executor

renounces probate of a will not only do his rights in respect to the

executorship wholly cease but the representation of the testator and the

administration of his real and personal estate devolves as if he had not been

appointed executor. However in the case of the Eastern Caribbean territories

(save St. Lucia),Jamaica and The Bahamas, an executor who renounces

probate does not thereby renounce any right to a grant of administration

unless he expressly renounces that right.

B. Renunciation by person(s) entitled to administration4

Barbados, Trinidad and Tobago and St. Lucia

A person who renounces administration of the estate of a deceased person

in one character will not be allowed to take representation in another

character.

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Renunciation and Retraction1