Working in the public’s interest – State Solicitor
DPI, Guyana, Monday, June 24, 2019
“As Solicitor of the State, I assist the Attorney General and the Solicitor General on key matters in relation to issues that have either been filed against the state, or in instances where we may need to take action on behalf of the state.”
Ayana McCalman was appointed State Solicitor, Public Trustee and Official Receiver, in September 2017, and describes her work as both, exciting and challenging.
McCalmon, a legal practitioner for 14 years, has assisted several clients in her tenure and says, this is not just a job.
“For me, I see this as a calling. Interestingly enough, my first job was here at the Attorney General’s chambers, so when I started in 2005, I started as a State Counsel here.”
The role of a State Solicitor is to assist in the initial draft pleadings and the research for the defence of the state.
McCalman said, in her role as a Public Trustee, she helps with Estate administration; when a loved one dies and leaves behind assets for inheritance. Legally, she noted, this cannot be handled by any living relative until a grant of representation order from the court.
“So, we assist persons, when their loved ones pass, you can come into us, and we will process that estate on your behalf.”
The process to gather information to fully inherit a loved one’s assets include; taking the inventory of the estate, declaration of an estate through the Guyana Revenue Authority (GRA), filing the application for the court, and distribution of any property the deceased might have had.
McCalman explained that most of the cases the Public Trustees’ office had dealt with mainly involved deceased persons without a will as opposed to those who left a will before they died. McCalman further explained that in cases where a person leaves a will, the process is much simpler because it will be specific to their wishes.
The order for this, through the court, is the Letter of Probate. If a person dies without leaving a will, it is considered that they died ‘intestate’. The Public Trustees’ office will then apply for letters of administration, which will allow for the equal dividing of assets to surviving spouse and children/surviving children (one-third to spouse and two-thirds to the children).
In cases of no surviving spouse, the children inherit all assets.
McCalman noted that “in other jurisdictions around the world, the Public Trustees’ office offers a ‘will service’. However, while that service is not available over here because it will require the need for policy-making decisions, I would encourage that persons do make wills to avoid the family disruptions that come after death.”
She urges that persons refrain from the practice of believing that “by making a will – you will die” or “making wills are for old people”, as death is inevitable and creating a will shows you have a plan for how your assets should be shared among your surviving relatives.
The rules for splitting assets among surviving relatives apply in both married and common-law relationships when a person dies, McCalman added.
There are also cases where persons know they have a share in their dead relative’s estate but do not wish to receive such.
It is then required of that person to do an ‘act of denunciation’, which will show they do not want to have any share of the estate and they are passing it on to another relative.
Meanwhile, in her role as the Official Receiver, she is responsible for receiving monies entitled to the government. The office also pays judgements and costs on behalf of the state.
“If someone sues the state, and they are given an award against the state, we are then responsible for ensuring that a person receives the fruits of their judgement,” McCalman explained.
The State Solicitor Office was established in the 1900s, the Official Receiver office, in 1905 under Chapter 12:22 of the Laws of Guyana and the Public Trustees Office in 2010.
Images: Giovanni Gajie