Hi all.

If you plan on executing/signing a power of attorney to authorize someone to transact business on your behalf, just know that the requirements have changed.

You will now need to have both you and the person you are authorizing (the agent) signatures on the power of attorney. You don’t need to be in the same place, the lawyer will prepare the power of attorney and send it to you and when you fedex it back to Guyana, your agent will sign their part here.

Of important is that you attach coloured copies of two forms of government issued identification. If you’re in the US then you can use your passport, make sure your signature is on the passport, your state ID, driver’s license or non-drivers license, citizenship certificate.

If you’re in Canada, the same IDs can be used in addition to your health card.

Take everything to a notary public and let them stamp all the pages. Ask one of the witnesses to complete the affidavit that they signed as a witness and you’re good to go.

Pro tip.
Once you’re done with all that, take photos or scan and send to your lawyer to verify that it was executed properly to avoid additional cost and delay.

Feel free to reach out via chat or comment if you guys have any legal questions. I'm not promising that I will be able to answer all of them, but I can certainly help clear up some misunderstandings and misinformation.

Yes, it's free.

This will be a several part series. 'Several' because I have literally no idea how many parts it will actually be until it's completed. Yes, I am doing it in real time. So, here we go!

Part 1

So, your parent has passed away (my condolences). And he/she left no will. What will happen to their property?

First off, let me start by saying, unless and until that transport or title is in YOUR name, then the property remains your parent's. Which means, stop this nonsense about 'I born and grow in that house; is me own'.

You will need to go through a process called probate in order to be granted the authority through the court to transfer the property, and even then, you may not be able to do so to your name alone. Even if none of your other siblings 'nah look after ayo mother/father'.

Here's the thing you have to understand, when someone dies without a will, it creates a lot of issues that you never knew you had. But it is what it is.

Here's what you need to do - it's a four (4) step process but before I do into that, let me pose a scenario.

Kemraj and Sonia are legally married. They have 2 children. All assets are in Kemraj's name. Sonia dies before Kemraj. Sonia never found out that Kemraj secretly had 1 other child during the course of their marriage. Kemraj 'lives home' with another woman (Sharon) after the death of his wife. He was living with the new woman 10 years before he died. He had no other children. Kemraj did not leave a will.

Q: Who is entitled to apply to the court to administer the estate of Kemraj?

A: The current spouse of Kemraj, that is, Sharon.

Q: Why can't the children apply? Sharon was not legally married to Kemraj.

A: There is an order in these things. If someone dies without a will, then the first person in line is the spouse. In this case, spouse can mean either a legally married person or a person who has lived with the deceased in a relationship of spouse in excess of 5 years. Sonia is dead. Kemraj entered into another relationship, therefore Sharon can apply.

Q: Can a child of Kemraj apply if Sharon does not want to do it?

A: Yes, that child will need to get a consent (prepared by a lawyer) to apply.

Q: Can Sharon claim any part of the property even though she was not married to Kemraj and had no children with him?

A: Yes. In law, Sharon is entitled to 1/3 share of everything Kemraj owned at the time of his death. The children (however many there are) are entitled to 2/3 share (and Kemraj had 3 children at the time of his death so the 2/3 share will have to be further divided by 3. Each child will therefore be entitled to 2/9 of a share.

Q: Why is the outside child entitled?

A: Because that is the man's child. Even if his name does not show up on a birth certificate, if a paternity test is done and proves that the child is the deceased's then he is entitled equal and square with his other 'legitimate' children.

Q: What if no one wants to cooperate to get things done?

A: There is no straight answer here. If Sharon does not want to apply and also does not want to give consent for a child to apply, then one of the children can apply. They will need consent of the other two children. Long story short, the child who wants to apply will have to apply for a court order to be appointed the administrator of the estate.

Q: What documents are needed if Sharon applies?

A: 1. Death certificate Kemraj

2. Children of the Kemraj birth certificates (notice I said CHILDREN OF THE DECEASED PARENT). If your father had 'outside' children, and he's the one who passed away and the property is in his name, hear me when I say, THE OUTSIDE CHILDREN ARE ALSO ENTITELD. We never really seem to have an issue with our mother's children though ...

3. Original Transport or Title (or at least a copy of it)

4. Vehicle registration (or a copy can work at the beginning)

5. Bank account information

6. Share information

7. Basically a detail record of any asset owned

8. Valuation (usually the lawyer can assist with this)

9. Marriage certificate of Kemraj and Sonia.

10. Death Certificate of Sonia.

11. ID of common law spouse.

NBIf divorced and remarried, then a copy of the decree absolute. Yes, I am serious.

Q: What about if a child wants to apply?

A: Everything as above, but you will also need either consent from the spouse or a court order.

Q: Then what?

A: then .... to be concluded.

Let me know in the comments section if you guys want this to continue and if you find that this is a simpler way to get the information across. Your feedback is very important.

If you’re living abroad and have property in Guyana, please don’t be afraid to contact a lawyer when issues come up with your land, house, tenants, caretakers, squatters, transport, probate, or family disputes over property.

A lot of people overseas hesitate because they think:

• “Lawyers are too expensive,”
• “I can figure it out online,” or
• “I’ll just ask AI.”

But property problems in Guyana can become very expensive when handled too late or based on bad advice.

One thing people need to understand is that AI does not actually know Guyanese law the way a practicing Guyanese attorney does. AI can sound confident while being completely wrong, especially when it comes to local legal procedures, land matters, transport issues, tenancy rules, adverse possession, probate, and court practice in Guyana.

Asking AI for Guyanese legal advice is sometimes like asking AI to translate Creolese perfectly — it may catch a few words, but it misses the culture, context, nuance, and how people actually speak and operate in real life. The result can sound convincing while still being inaccurate.

Guyana’s legal system has its own procedures, unwritten practical realities, and local court practices that AI simply cannot reliably account for. What works in the US, UK, or Canada may not apply here at all.

That doesn’t mean technology is useless. AI can help you organize thoughts, draft questions, or understand basic concepts. But when your property, inheritance, or rights are at stake, proper legal advice matters.

Too many overseas Guyanese wait until:

• someone refuses to leave their property,
• documents go missing,
• taxes pile up,
• relatives start fighting over land, or
• squatters become entrenched.

By then, fixing the problem becomes harder and more costly.

A short consultation with a competent lawyer early on can save you years of stress later.

There are several reasons why someone may be living on your property, and the legal steps you take will depend on the nature of that arrangement.

1. Living at Lot 100, Stanleytown, New Amsterdam, Berbice — WITH YOUR PERMISSION

Often, persons living abroad allow someone to stay on their property so that it can be looked after. It is usually an informal caretaker arrangement, without payment involved, and is meant to benefit both parties. Unfortunately, situations sometimes arise where the property is neglected and the “caretaker” is no longer taking care of the premises, leaving the owner with little choice but to ask them to leave.

While this may seem straightforward, it can become costly if not handled properly.

The first step is to contact a lawyer and have them send a lawyer’s letter — essentially a notice terminating the person’s licence or permission to occupy the property. It is important that this be done by a competent attorney, as there are specific legal requirements that should be included in the notice.

If the person refuses to leave, which is often the case since they consider the property their home, you will then need to return to your lawyer and have them file an application for possession of the property in court.

You should take along your identification card or another form of ID, together with a copy of your title, transport, or any document proving ownership of the property.

Legal fees will vary depending on the lawyer you choose.

Even after obtaining a court order for possession, some occupants still refuse to vacate. In those circumstances, you may need to file a further application requesting that a marshal carry out the eviction and remove the person and their belongings from the property.

2. Living at Lot 23, Ramphal Street, Williamsburg, Corentyne, Berbice — UNDER A LEASE AGREEMENT

This situation can be more complicated. The process depends on several factors, including:

• the amount of rent being paid;
• whether the lease has expired; and
• whether the lease contains provisions stating how much notice must be given before the tenant is required to leave.

Because every tenancy agreement is different, it is difficult to give one general answer. Proper legal advice should be obtained based on the specific terms of your lease and circumstances.

3. Squatting on Your Land

If someone is squatting on your land, you should send notice immediately. Delaying action against squatters can create serious legal issues and may affect your rights to the property if you remain inactive for too long.

It is important to remain vigilant and address these situations as early as possible.

Note:
The addresses used above are for illustrative purposes only and are not intended to refer to any actual property or person.

Hi,

I’m not sure if you’ve already gone through the process, but to answer your questions, please see below.

If the property is transported, the process can take approximately 3–6 months from the date of filing. It is also possible to transfer the property without coming to Guyana. To do this, you will need to retain a lawyer practising in Guyana who can prepare a Power of Attorney for either the purchaser and/or vendor, or the donor and/or donee (if it is a Deed of Gift).

You should be careful when choosing the person to act as your agent under the Power of Attorney. Ensure that you speak with your lawyer so that you fully understand the implications of the document. You should also request that the Power of Attorney be limited specifically to the transfer of the property, clearly identifying who the property is being transferred from and to. This helps ensure that the agent cannot transfer the property to anyone else.

Transport Process

Step 1 – Gather Your Documents

You will need the following:

1. Two forms of identification for each party to the Power of Attorney.
   • The IDs must be valid.
   • Passports, driver’s licences, and national/state IDs are all acceptable, whether issued in Guyana or overseas.
   • Please make coloured copies.
   • Your lawyer will advise you on the next steps for notarising the Power of Attorney.
2. Original Transport document.
3. Valuation Report
   • This is important and necessary, as the lawyer will need it to determine the transfer costs.

Step 2 – Filing

Once the necessary documents are prepared, the agent appointed under the Power of Attorney, or the parties themselves, will sign the required paperwork for the property transfer.

The conveyance is then filed.

If any corrections or clarifications are required, the lawyer will contact you and prepare the additional documents needed for signature.

Step 3 – GRA and NDC Compliance

GRA Compliance
The Guyana Revenue Authority (GRA) compliance process can take some time. In my practice, I typically file the conveyance while the client simultaneously obtains GRA compliance. This allows the compliance to be ready by the time the conveyance is advertised in the Official Gazette, which helps avoid unnecessary delays.

If you wait to obtain compliance before filing, the process may take longer, and there is also a risk that the compliance could expire before the transfer is completed, requiring renewal and causing further delays.

NDC Compliance
NDC compliance is generally straightforward. Rates and taxes must be paid up to the year in which the transfer is expected to be completed.

For example, if the conveyance is filed in December 2026, rates and taxes for 2026 should also be paid. Once payment is made, a letter is issued confirming that:

• rates and taxes are up to date;
• the name of the person being assessed; and
• whether there is a building on the property.

Step 4 – Passing of Transport

If all goes smoothly, the parties, or their agents, will attend the Deeds Registry to “pass” the transport, which simply means signing the transport documents.

If there is a mortgage involved, a representative from the bank will also attend to sign the mortgage deed, since both the transport and mortgage must be passed at the same time.

A Note on Fees

Each lawyer will have their own fee structure. However, it is important to note that most legal fees do not include:

• the cost of obtaining GRA and NDC compliances; or
• the cost of the valuation.

Certificate of Title Transfers

Transfers involving a Certificate of Title generally take less time. However, all of the above-mentioned documents, including the necessary compliances, must be obtained before the transfer is filed.

Once everything is in order, the new owner can usually receive title within 1–2 weeks of filing, and in some cases, even sooner.