Common-law wife scores victory in Privy Council

A common-law wife has scored a major victory in the Privy Council for her share of her late common-law husband’s property.

On Thursday, the Privy Council delivered its final order on costs in the claim  Lauralee Ramcharan filed against the executor of her late common-law husband’s estate and his children.

The costs order stipulates that Dr Ramraj Deonarine, the executor of Seeram Seejattan’s estate, and the latter’s children, Terance, Laura, Gina, and Lisa, are to pay Ramcharan’s costs, which cannot be recovered or claimed against the estate.

The order finalised the court’s declaration on the equal distribution of Seejattan’s estate.

Ramcharan appealed to the Privy Council after the High Court and Appeal Court failed to make a finding on the validity of an agreement between her and Seejattan’s children over his assets, leaving her with nothing.

In 2021, the Privy Council held that the agreement was valid and binding.

Seejattan died on March 21, 2008. Four days before his death, he made a will appointing Deonarine as executor and directing that his entire estate be sold and the proceeds distributed among his four children.

Seejattan spent more than 30 years in Florida, where he established businesses and acquired property, but returned to Trinidad in his later years, where he also acquired further properties.

Ramcharan met Seejattan in May 1994 and lived with him in Davie, Florida, until June 1994, when he returned to Trinidad after being deported. She took care of his two younger children and raised them as her own until his death.

When he died, Ramcharan paid the funeral expenses and she said in her lawsuit he always promised her that his property in Trinidad, Laura Valley, would be hers. She said she contributed to the acquisition of Laura Valley and his other properties in Trinidad.

When he died and his will was discovered, Ramcharan filed a series of caveats against the probate application, but never challenged the will.

Seejattan’s assets in Trinidad were valued at $8.4 million. This did not include any of the US properties.

Ramcharan said to avoid protracted litigation, she and Seejattan’s children agreed, in 2012, that she would receive specific properties in Trinidad, provided she pay real-estate taxes for the properties in Florida, and specific properties abroad would be sold and the proceeds shared between her and the children. The remainder of Seejattan’s estate was to be divided equally, with each receiving 20 per cent, and she was to be appointed Seejattan’s personal representative in Florida.

Ramcharan’s lawsuit contended the children reneged on the agreement and in reply, they said she had never cohabited with their father, was no more than a babysitter to the two younger children and had married the eldest in 1995. They maintained the agreement was fraudulent, as they were coerced and forced to accede to Ramcharan’s demands.

In its ruling, the Privy Council judges held that the agreement between Ramcharan and the children was valid and binding.

The judges held that it was “plain and obvious that there is no chance of either of the children’s allegations succeeding, namely the allegation of fraud and the allegation of invalidity.”

Ramcharan was represented by Seenath Jairam, SC, Saira Lakhan, Rowan Pennington-Benton, Shantal Jairam and KV Jairam.

Deonarine, as executor, and the children were represented by Hendrickson Seunath, SC, and Khristendath Neebar and Haresh Ramnath.