Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
July 1, 2005

The role of the executor of a will

After a person dies, the will becomes effective. It must now be produced for the guidance of the executor.

It is likely that the testator would have put it in a safe place, perhaps with other important documents. He may have left it with the executor or with his lawyer. {{more}}

The work of the executor/executrix or personal representative now begins. He must find out whether the deceased had made any provision for his last rites.

The will could provide information as to whether he should be buried or cremated (there are no provisions for cremation in SVG but this is done in Grenada, our nearest neighbor). It may state the place where the remains would be buried

As mentioned before the last will is the valid will. If there are problems with will the executor will have to approach the court to resolve them. There is a body of case laws which the lawyer would have to explore in order to plead your case.

Although the law does not prohibit an individual from applying personally to have the will probated it is the practice to retain a solicitor to draft the documents. He must file a bundle of documents. Among these documents is an authorization, giving the lawyer authority to make the application.

One executor must provide an affidavit/oath to lead the grant. The other executor must be notified of the intention to lead the grant. Where there are minor children, the oath must be signed jointly by the two executors. If there is only one executor named in the will then another must be appointed.

The oath is the most important document and the filing fee is $50. Another document that must be filed is an affidavit by one of the witnesses indicating that he /she had seen the testator sign or acknowledge his will. A blind person cannot witness a will. If the will includes gifts of real property (house and land) a valuation of the property must be done and a certificate filed.

The value of the property must be given around the time of the death of the testator and not at the time the will is probated. It is especially useful for a record of the transfer of property in SVG. This document is normally sent to the Chief Surveyor for verification.

Another document included is the statement of assets and liabilities declaration. This is a standard form that is issued by the Registry. In order to compile this, the lawyer must write to all the banks, credit unions, the deceased’s employers for statements on his assets.

The will and a certified copy of the death certificate of the deceased must be included in the bundle. A filing fee of $5 in stamps is required for each document.

Estate and succession duties are no longer required for property but a duty is charged on money. A member of the income tax department is attached to the probate division where the probate files are processed to deal with the matter of duties.

The Registrar of the High Court who is in charge of the probate division will examine the document to make sure they are in order. He/she endorses the grant and a certificate is issued. All fees must however be paid before the certificate is issued.

The executor can now distribute the estate. If a part of the estate of the deceased was inadvertently left out an application could be made to the Registrar for an amendment.

  • FacebookComments
  • ALSO IN THE NEWS
    Government’s Annual Christmas Road Cleaning Programme Begins Monday, December 8
    Press Release
    Government’s Annual Christmas Road Cleaning Programme Begins Monday, December 8
    Webmaster 
    December 5, 2025
    The Government of St. Vincent and the Grenadines has announced that the Annual Christmas Road Cleaning Programme will commence on Monday, December 8, ...
    New Cabinet takes oaths
    Front Page
    New Cabinet takes oaths
    Webmaster 
    December 5, 2025
    PRIME MINISTER Dr. Godwin Friday has thanked former Prime Minister Dr. Ralph Gonsalves and the ministers who served in the previous administration for...
    New Government receives counsel from Pastor Brent
    Front Page
    New Government receives counsel from Pastor Brent
    Webmaster 
    December 5, 2025
    WITH THE GENERAL ELECTIONS season over in St Vincent and the Grenadines, and a new prime minister now in office, one religious leader here is calling ...
    Dr. Gonsalves expects privileges, courtesies as ex-PM
    Front Page
    Dr. Gonsalves expects privileges, courtesies as ex-PM
    Webmaster 
    December 5, 2025
    FORMER PRIME MINISTER, Dr. Ralph Gonsalves says he is expecting that as a former prime minister, he will be accorded “all the usual courtesies and pri...
    Woman killed in Ottley Hall
    Front Page
    Woman killed in Ottley Hall
    Webmaster 
    December 5, 2025
    CERTAIN DATES hold bad omens for people, and that is exactly what December 1, is for the Fredericks family of Ottley Hall- a bad omen. In an uncanny k...
    Homicide in Layou again
    Front Page
    Homicide in Layou again
    Webmaster 
    December 5, 2025
    LAYOU IS IN THE NEWS in relation to homicide again, and this time around it was a female from the area that lost her life when a gunman struck. On Fri...
    News
    Taiwan downplays fears of SVG Diplomatic
    News
    Taiwan downplays fears of SVG Diplomatic
    Webmaster 
    December 5, 2025
    AIWAN HAS PLAYED DOWN concerns that St Vincent and the Grenadines might switch diplomatic recognition to Beijing, insisting ties with its Caribbean al...
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    News, Regional / World
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    Webmaster 
    December 5, 2025
    ST. LUCIA’s political map turned bright red on Monday as the St. Lucia Labour Party secured a commanding re-election victory, clinching 14 of 17 seats...
    High Court quashes appointments of Clerk, Deputy Clerk of Parliament
    News
    High Court quashes appointments of Clerk, Deputy Clerk of Parliament
    Webmaster 
    December 5, 2025
    THE HIGH COURT sitting in St Vincent and the Grenadines (SVG), ruled in favour of the Public Service Union (PSU) in the matter leading to the appointm...
    Several Vincentians in UK military dodge the proverbial bullet
    News
    Several Vincentians in UK military dodge the proverbial bullet
    Webmaster 
    December 5, 2025
    SEVERAL VINCENTIAN soldiers attached to military units in the United Kingdom (UK), who were part of war games which were recently held on Salisbury Pl...
    Deputy Prime Minister says violence goes beyond politics
    News
    Deputy Prime Minister says violence goes beyond politics
    Webmaster 
    December 5, 2025
    RECENTLY APPOINTED Minister of National Security, Major St. Clair Leacock, says the crime situation in St Vincent and the Grenadines (SVG), goes way b...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok