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Section II   The form of wills

Revised Laws of Saint Lucia (2021)

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Section II   The form of wills

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    778.   A disposition made by will or codicil, whether appointing an heir, or in the form of a legacy, or expressed in other terms indicating the intentions of the testator, takes effect according to the rules hereinafter laid down, as a universal, a general, or a particular legacy.

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    779.   Two or more persons cannot make their wills by one and the same instrument.

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    780.   A will may be:—

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      1.     Notarial;

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      2.     Holograph;

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      3.     According to the English form, hereinafter called an English will.

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    781.   A notarial will is received before 2 notaries or before a notary and 2 witnesses. The testator, in their presence and with them, signs the will or declares that he cannot do so, after it has been read to him or her by one of the notaries in presence of the other, or by the notary in presence of the witnesses. Mention is made in the will of the observance of the formalities.

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    782.   A notarial will must be made as an original remaining with the notary.

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    The witnesses must be named and described in the will.

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    Any person may be a witness who is of full age, has not been convicted of felony, and is not in the employment of the executing notaries.

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    The date and place of execution must be stated in the will.

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    783.   A will cannot be executed before notaries one of whom bears to the testator or to the other notary, the relation of father, mother, son, daughter, brother, sister, uncle, aunt, nephew or niece. (Substituted by Act 12 of 1991)

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    784.   Legacies made in favour of the notaries or witnesses, or to the wife of any such notary or witness, or to any relation of such notary or witness in the first degree, are void, but do not annul the other provisions of the will.

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    Testamentary executors who are neither benefited nor compensated by the will may serve as witnesses to its execution.

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    785.   A notarial will cannot be dictated by signs.

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    Deaf mutes and others who cannot declare their will by word of mouth, may do so, if they are sufficiently educated, by means of instructions written by themselves and handed to the notary, before or at the execution of the will.

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    Any person that cannot hear the will read, must read it, and, unless he is dumb, must read it aloud.

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    A written declaration that the deed contains the will of the testator and is prepared in accordance with his instructions, may be substituted for the same declaration by word of mouth, when it is required.

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    Mention must be made of the observance of these exceptional formalities and of their cause.

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    786.   A person unable to hear or speak, who cannot avail himself of the provisions of the preceding article, cannot make a notarial will.

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    787.   A will that, as regards form, would be valid in England is valid in Saint Lucia, if made by a soldier in actual military service, or any mariner or seaman at sea.

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    788.   A holograph will must be written and signed by the testator, it requires neither notaries nor witnesses, and is subject to no particular form. Such a will may be made by a deaf mute.

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    789.   An English will, whether affecting movable or immovable property, must be in writing and signed at the end with the signature of the testator, or his or her mark, made by himself or herself or by another person for him or her, in his or her presence, and under his or her express direction, which signature or mark is then or subsequently acknowledged by the testator as having been subscribed by him or her to his or her will then produced, in presence of at least 2 competent witnesses, one of whom must be a Justice of the Peace, who attest and sign the will immediately in presence and at the request of the testator, and in the presence of one another. The signature of a witness cannot be by mark.

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    The competency of witnesses is determined by the rules with respect to notarial wills.

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    790.   A deaf mute or any other person capable of understanding the meaning of a will and the manner of making one, may dispose of property by will in the English form, provided his intention and the acknowledgment of his or her signature or mark are manifested in presence of witnesses.

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    791.   In an English will a legacy made to any of the witnesses, or to the husband or wife of any such witness, or to any relations of such witness in the first degree, is void, but does not annul the other provisions of the will.

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    The competency of testamentary executors to serve as witnesses to such wills, is subject to the same rules as in the case of notarial wills.

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    792.   The signature or mark of the testator in holograph and English wills, ratifies only the words preceding it.

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    No will except a notarial will is invalid by absence of date and place.

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    The Court decides in each case whether the absence creates presumption against the will or renders uncertain any of its provisions.

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    An English will must be signed or initialled on each sheet.

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    793.   Subject to the exceptions mentioned, a will is invalidated by failure to observe the formalities prescribed in this section.

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    But a will purporting to be made in one form which would be void if in that form alone, may yet be valid if fulfilling the conditions required for another form.

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