Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
December 6, 2013

Avoiding squabbles among siblings

In our country, there are always cases in courts involving contests among family members over land issues. When it is not in relation to possessory titles, it is over the undistributed property. In most cases, the reason is because the parents failed to distribute property during their lifetime or to make a will that would guide the sharing of the property after death. Disputes arise over who should lead the papers for administration to distribute the property. Some members even refuse to give consent to the administration of the property.{{more}} In some instances, the children at home in SVG feel that they should own the property since they took care of the parents, while those overseas believe that they should inherit the property, because they supported their parents financially during the parents’ lifetime.

These beliefs are not generally grounded in any legal principle and are not given any consideration in the administration of estate. The law requires every sibling to benefit equally from any property distribution under laws of administration. One of the siblings must be chosen to lead letters of administration to distribute the land if there is no surviving spouse. The surviving spouse has priority to apply, but a beneficiary could do so. All names of the siblings must be given in the oath and their birth certificates must be included and filed with the court.

A beneficiary can object to the person leading the grant by filing a caveat with the court requesting that no grant of administration be sealed unless a hearing is given to him or her (the caveator). This would give the caveator some time to make inquiries and present his grounds for the caveat. The caveator could pay a small fee to examine the file at the probate section at the High Court. The caveat is effective for six months and could be renewed by giving one month’s notice before the it expires. The Registrar would give notice to the applicant of the caveat and the applicant could warn the caveat by requiring the caveator to appear in court within eight days, including the day of service, to set out the nature of his interest. If the caveator fails to appear before the court then the registrar could continue with the application.

The above shows that there could be considerable delays and squabbles; hence, my advice to all parents is to make it easy for their children by making a will — even a simple one will do to avoid anger and bitterness among siblings. A parent’s wishes would be carried out in a meaningful way, because gifts must be distributed in accordance with the will. With the administration of an estate, there is an equitable distribution and the wishes of the parents are not observed because they are not known. A parent might want to reward a faithful and loyal child or a special needs child with a larger portion of the estate or there might be gifts that would be more suited to particular children. It is only the giver who could make the special association with gift and receiver. It is the maker of the will who could reward the faithful nurse or helper or distant relative. The will could also be a source of anger, but then it conveys the wishes of the giver and there is nothing that the beneficiaries can do about the gifts.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Vincymas 2026 – The Great  Escape is officially launched
    Front Page
    Vincymas 2026 – The Great Escape is officially launched
    Webmaster 
    April 17, 2026
    Vincymas, St Vincent and the Grenadines’ premier cultural festival is ready and rearing to go, following the launch on Saturday, April 11, 2026 at the...
    Act to amend RPA heading to Parliament Tuesday
    Front Page
    Act to amend RPA heading to Parliament Tuesday
    Webmaster 
    April 17, 2026
    Opposition Leader Dr. Ralph Gonsalves, has given the New Democratic Party (NDP) administration an ultimatum to withdraw their plans to amend the Const...
    Court to decide on competency of  doctors to provide Psychiatric reports
    Front Page
    Court to decide on competency of doctors to provide Psychiatric reports
    Webmaster 
    April 17, 2026
    Two doctors who prepared, and one who signed off on a competency to stand trial report for a mental health patient, told the Serious Offences Court, u...
    Taiwan Navy squadron visits SVG after more than two decades
    Front Page
    Taiwan Navy squadron visits SVG after more than two decades
    Webmaster 
    April 17, 2026
    St Vincent and the Grenadines (SVG) and the Republic of China, Taiwan, may be worlds apart, but a visit by the R.O.C. Navy 2026 Midshipmen Cruising an...
    ‘Bing’ feels he’s being tried and tested as Paul’s Avenue fire knocks Boom FM off air
    Front Page
    ‘Bing’ feels he’s being tried and tested as Paul’s Avenue fire knocks Boom FM off air
    Webmaster 
    April 17, 2026
    A defamation lawsuit that was filed against Boom SVG 106.9’s Dwight ‘Bing’ Joseph is currently pending at the High Court, as efforts are made at the r...
    Residents traumatised by Stoney Grounds brazen daylight shooting
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    Webmaster 
    April 17, 2026
    Last Friday, April 10, 2026, a brazen daylight shooting at Stoney Grounds on the outskirts of the capital, Kingstown, not only left two persons dead a...
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    Webmaster 
    April 17, 2026
    Last Friday, April 10, 2026, a brazen daylight shooting at Stoney Grounds on the outskirts of the capital, Kingstown, not only left two persons dead a...
    Under-aged boys charged with knife possession
    From the Courts, News
    Under-aged boys charged with knife possession
    Webmaster 
    April 17, 2026
    Two 15-year-old secondary school students were taken before the Serious Offences Court on Thursday, April 16, charged with possession of offensive 202...
    Budding teenage athlete Alia, laid to rest
    News
    Budding teenage athlete Alia, laid to rest
    Webmaster 
    April 17, 2026
    On Saturday, April 11, 2026 teenaged athlete Alia Crystal McDowall, was laid to rest at the Lowmans Hill Cemetery, following a funeral service at the ...
    PM Dr Godwin Friday says SVG in a bad financial situation
    News
    PM Dr Godwin Friday says SVG in a bad financial situation
    Webmaster 
    April 17, 2026
    Prime Minister Dr. Godwin Friday, has described St Vincent and the Grenadines (SVG) as being in “a failed state situation” at the time his New Democra...
    Teenager’s manslaughter charge expected to be upgraded
    From the Courts, News
    Teenager’s manslaughter charge expected to be upgraded
    Webmaster 
    April 17, 2026
    A teenager, who was legally represented in court by former Prime Minister Dr. Ralph Gonsalves, is expected to return to court on a more serious charge...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok