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770. Every person of full age, of sound intellect and capable of alienating his or her property, may dispose of it by will; and any disposition so made is valid if not contrary to public order or goods morals, or in contravention of the special prohibitions, restrictions, or provisions of this Code.

771. The capacity of married women to dispose of property by will is established in the First Part of this Code, in the Book respecting Marriage.

773. Tutors and curators cannot bequeath the property of the persons under their control, either alone or conjointly with such persons.

Interdicted persons cannot dispose of property by will. In the case of a person proved to have been of unsound mind, though not interdicted, at any time prior to the making of his or her will, the will is presumed to be invalid, until it is proved that he or she was of sound mind when he or she made it.

A will made while the testator was in a state of drunkenness inconsistent with due understanding is invalid.(Amended by Act 34 of 1956)

774. Corporations can receive by will such property only as they may legally possess, and can receive no property unless the will be executed and deposited with the Registrar, at least one year before the death of the testator.

775. Minors and interdicted persons or persons of unsound mind, though incapable of bequeathing, may receive by will.

776. The capacity to receive by will is considered relatively to the time of the death of the testator; in legacies the effect of which remain suspended after the death of the testator, whether in consequence of a condition, or in the case of a legacy to children not yet born, or of a substitution, this capacity is considered relatively to the time at which the right comes into effect.

Persons benefited by a will need not be in existence at the time of such will, nor be absolutely described or identified therein. It is sufficient that at the time of the death of the testator they be in existence, or that they be then conceived and subsequently born viable, and be clearly known to be the persons intended by the testator. Even in the case of suspended legacies, already referred to in this article, it suffices that the legatee be alive, or conceived, subject to the condition of being afterwards born viable, and proving to be the person indicated, at the time the legacy takes effect in his favour.

777. A testamentary disposition in favour of a person holding the relation to the testator of minister of religion, medical attendant, or legal adviser is presumed to be invalid, but may be allowed by the Court in whole or in part.

Revised Laws of Saint Lucia (2022)