ABOUT WILLS

 Death is an uncertain and untimely event that one can never be adequately prepared for. Although this is the case, a will can be prepared to accommodate the dissecting of your estate and/or property among family members and loved ones. If you don’t have a will now is the time to do so and if you have one and you need to make an amendment then do so promptly do not wait for the inevitable to happen. Make sure your will is properly documented as the court will look at the will as your final proof of wishes.

                                         WHAT IS A WILL?

A will is a document containing your instructions, expression or your wishes as to how your property and assets should be distributed after your death. Any person, of any age, should seriously consider making a will at the earliest. Please note that a will should not only be considered by people who have reached an age where death is not far, but people die at all ages and this should be at the forefront of anyone mind especially when property and assets are to be allocated to those you intended to benefit.

A valid will is a will that is accepted by the court and put into effect by the court granting what is know as probate.  Probate is approval or acceptance by the court of how your assets are to be handled.

• A valid will must have the following features:
• It must be in writing-handwritten, typed or printed
• It must be signed with your signature at the end of the document
• It must be witnessed by at least two other people present at the time of signing. They need to acknowledge they were present and must sign as witnesses in your presence.

Please note that they don’t have to be together at the same time of signing.

Original wills are kept today at the Island Record Office (IRO) an arm of the Registrar General’s Department. Copies of proved wills for 100 years are kept at the Supreme Court and these are mainly use by the legal profession. The wills are probated by the Courts after the testator is dead. The larger estates are probated by the supreme courts and the smaller estates are probated by the Resident Magistrate Court. Please note that the Supreme Court wills are not recorded while the Resident Magistrate Wills are recorded. After the wills have been probated same must be lodged to the Registrar General’s Department for safe keeping.