Gov’t eases will verification process

The government on Wednesday passed amendments to the Wills Act in the National Assembly, which are set to relieve families across the country.

The bill seeks to simplify the process of verifying a will, making it more convenient for people to ensure their wishes are carried out after passing.

These amendments potentially speed up the process of executing a will through a streamlined probate process and reduced witness requirements.

Probate is the legal process of proving a will is valid and then administering the deceased person’s estate according to the will’s instructions.

Championing the bill, Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, pointed out that the current legislation has not undergone significant changes since its enactment in 1910.

According to the bill’s Explanatory Memorandum, the amendments allow one witness to swear an affidavit (a sworn statement) to confirm that the will was signed correctly.

The current legislation dictates that two witnesses are needed to sign a will.

This affidavit can be attached to the will, making it easier for the executor to submit the necessary documents for probate. This can reduce the time taken for the will to be legally recognised.

AG Nandlall outlined the formalities required for a will to be considered valid, including the need for the will to be in writing and executed by the testator (the person who creates the will), who must be of sound mind.

“The bill must be signed by the testator or someone authorised by the testator…This mark must be situated at the bottom of the will,” he said.

Minister Nandlall highlighted several tedious steps involved in the previous probate process, such as locating witnesses.

If one of the witnesses cannot be found, the person taking the probate must demonstrate to the court that efforts have been made to locate them. And if unsuccessful, they can apply to the court to advertise for the witness.

“You have to go through the elongated process of going to locate that witness at the time when you are making the application for the probate. This [amendment] gives you an opportunity to conveniently and at the same time, execute that application and save everyone a lot of problems, and save the estate a lot of unnecessary expenses,” he said.

Essentially, the court will decide if one affidavit is enough or if more evidence is needed.

Additionally, the minister is empowered to make regulations for the implementation of the law and set penalties for breaking these rules.

The bill makes it clear that penalties for breaches shall not exceed a fine of $1 million and imprisonment of five years.

Minister of Education, Priya Manickchand also spoke in support of the bill. She said the amendment would help reduce family conflicts.

Just last month, the National Assembly approved amendments to the Deceased Persons Estate Administration Act to allow better access to monies left by deceased persons.

These legislative interventions reduce the burdens placed on families during these challenging times, as well as simplify public processes to promote greater ease.