794. All wills must be presented for probate to the Supreme Court, together with a certificate of the death of the testator.
Where no certificate of death can be procured, the person presenting the will must adduce such other evidence of death as the Court may require.
In matters of probate “Court” includes Judge or Registrar of the Supreme Court. (Substituted by Act 23 of 1916)
795. Probate is granted as of course in case of the original or a certified copy of a notarial will; in the case of other wills, the authenticity of the handwriting of the testator, or the attestation of his will, must be proved by affidavit, or otherwise as may be directed.
The Court has a discretion as to what evidence is necessary to establish the validity of a will.
The will must remain deposited in the Court unless it is a notarial will, the original of which is in the custody of a notary in Saint Lucia. (Substituted by Act 23 of 1916)
796. When the Court is satisfied that the will is valid, and that all requirements, including the requirements of the Succession Duty Ordinance, have been complied with, probate is granted.
A certified office copy of any probate may be obtained with a copy of the will or other instrument annexed, which, if it is notarial, may be a certified notarial copy.
On the registration of the probate and will in the Registry of Deeds effect is given to the will.
The probate of wills does not prevent their contestation by persons interested. (Substituted by Act 23 of 1916)
797. Where a will has been lost or accidentally destroyed, probate may be granted of the contents thereof upon proof of such contents and of the formalities required for execution, and of the facts which render production of the will impossible.
If it appears that the testator knew of and acquiesced in the loss or destruction of the will, such will is deemed to have been revoked.
The person who propounds an alleged will and cannot adduce any written evidence of its contents must prove such contents beyond all reasonable doubt. Where such proof is forthcoming, and there is evidence of a definite intention on the part of the testator to do some formal act and the evidence is consistent with that intention having been carried into effect, the Court may infer the actual observance of all due formalities. (Substituted by Act 23 of 1916)
798. When a will admits of proof under the preceding article, a probate may be obtained upon petition after positive proof, not only of the contents but of the facts which render production impossible. Probate of the will is held to be established according to the proof deemed sufficient and to such modifications as are made in the judgment.
798A. When any person who has had and has ceased to have his domicile in Saint Lucia dies outside Saint Lucia having made, outside Saint Lucia, a will which is valid under the law of Saint Lucia, and such person leaves property in Saint Lucia, such will may be proved in Saint Lucia as if it had been made and such person had his or her domicile therein. (Added by Act 34 of 1956)