I learnt recently of a rather unfortunate situation with a very tightly knit family. In 2010, Michael (not his real name) asked his aged parents to give him the family house. His parents consulted with his siblings and everyone agreed since he was the only child still living at home. His lawyer prepared a Deed of Gift giving the family home to him subject to the life interest of his parents. In 2011, Michael secured a mortgage to repair the family home and did extensive renovations to the property. In 2012, Michael’s mother died. His father continued to live with him at home.
Two weeks ago, Michael died. It has been a very difficult time for the family. Michael suffered for many years with a terminal illness. He received a lovely funeral service. At the church, everyone noticed a rather stoic looking, elegantly dressed female sitting in the front row of the church. No one seemed to know who she was. At the conclusion of the funeral service, the young lady told Michael’s sister that she had something important to discuss with her. She introduced herself as Michael’s wife.
This is not fiction. This is a true story. I learnt that Michael got married in a secret ceremony in December 2016. No one knew, not even his father. As expected, Michael’s wife has no ties to the family whatsoever, and certainly, I cannot imagine her being ascribed the title of “in-law” without much hesitation. Michael and his wife never lived in the family home. I am told she visited on occasion. Nevertheless, she has stated that it is her intention to acquire the family home and ultimately sell it. The mortgage will easily be covered by Michael’s life insurance fund. The only saving grace for the family is that the property does not vest in Michael’s estate until the death of his father. His father is 93 years old. 
The family shared this unfortunate situation with me and asked for my opinion. They are convinced she is doing something illegal. But she is no outlaw. It is no doubt a very difficult scenario; however, the laws of intestacy are clear. Michael died without leaving a will, but he died leaving a wife. There are no children of the marriage, neither are there any children born to Michael of previous relationships. Once she is able to produce the marriage certificate, she is legally entitled to applying to the court for letters of administration in Michael’s estate. And it is highly likely that her application will be successful for her to transfer the family home into her name. 
People seldom comprehend the legal ramifications of the decisions they make while they are alive. It is improbable that it was Michael’s intention for the family home to be acquired by his wife to the exclusion of his parents and siblings. And that is the primary reason he should have made a Will; a dead person can only speak by his Will. Unless you have a Will, you have no input about the distribution of your property after your death or the persons involved in administering your estate. It is the court that makes those decisions, and it has no authority to deviate from the law of the land.

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Posted by Meisha S. Cruickshank. Meisha is a Barrister and Solicitor in St. Vincent and the Grenadines. She practices in the areas of Land and Property Law, Estate Planning and Family Law. You can reach her by phone at 784-451-5669 or email at meishacruickshank@gmail.com.