Wills can now be processed faster following legislative amendment

Anil Nandlall

With unanimous support from both sides the National Assembly on Wednesday night passed the Wills Act  (Amendment) Bill which now allows attesting witnesses to sign an affidavit of due execution at the time the will is made, thereby eliminating the need to locate witnesses posthumously. This can now be done when making the will.

Describing the bill as a small legislative intervention with great practical value the bill, which amends the antiquated Wills Act (Cap. 12:02), Attorney General Anil Nandlall SC said that it aims to modernize the probate process, reducing delays and expenses associated with validating wills after death.

Citing the current challenges and why the amendment was made Nandlall explained that under the existing Wills Act, which dates back to the 1900’s, the probate process can become cumbersome if witnesses to a will are unavailable years later.