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17. Evidence as to due execution of will
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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17.   Evidence as to due execution of will

Evidence on affidavit as to due execution of the following types of wills shall be given to the Court —

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    (1)   Standard Wills or in the case of Saint Lucia English Wills

Where the will of the deceased is a will other than a will, one to which subrule (3), (4), (5) or (6) applies —

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    (a)     an affidavit of due execution shall be filed by —

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      (i)     one or more of the attesting witnesses in Form P8,

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      (ii)     any other person who was present when the will was made if no attesting witness is available; or

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    (b)     if no evidence can be obtained under paragraph (a), the Court may accept —

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      (i)     evidence on affidavit in Form P9, showing that the will is in the handwriting of the deceased,

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      (ii)     evidence on affidavit of any matter which may raise a presumption in favour of due execution of the will;

and may require that notice of the application is given to a person who may be prejudiced by the will.

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    (2)   Wills of blind or illiterate testator

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    Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or by another person under the direction of the testator, or which for any other reason raises doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the Court shall satisfy itself by evidence on affidavit that the testator had such knowledge.

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    (3)   Wills of soldiers and sailors

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    Where the deceased died domiciled in a Member State, except Grenada, and it appears to the Court that there is prima facie evidence that the will is one to which the laws governing the wills of soldiers and sailors of the Member State applies     Antigua & Barbuda     –     Wills Act, Cap. 473, s. 7 and Wills (Soldiers and Sailors) Act, Cap. 88, s.5     Territory of the Virgin Islands     –     Wills Act, Cap. 81, s. 11     Dominica     –     Wills Act, Cap. 9:01, s. 12     Montserrat     –     Wills Act, Cap. 84, s. 11 and Wills (Soldiers and Sailors) Act, Ch. 85, s. 5     St. Christoper & Nevis     –     Wills Act, Cap. 84, s. 11     Saint Lucia     –     Civil Code of Saint Lucia, Cap. 4.01, Art. 787     St. Vincent & the Grenadines     –     Wills Act, Cap. 495, s. 13, the will may be admitted to proof without an affidavit of due execution if —

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      (a)     the Court is satisfied on evidence, that —

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        (i)     it was signed by the testator,

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        (ii)     if unsigned, it is in the testator's handwriting; or

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      (b)     the will is oral, the laws governing the wills of sailors and soldiers in the Member State are complied with.

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    (4)   Holograph Wills

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    Where the deceased died domiciled in Saint Lucia and it appears to the Court that there is prima facie evidence that a will is one to which Article 788 of the Civil Code of Saint Lucia applies, the will may be admitted to proof if the Court is satisfied by evidence on affidavit, by a person who was well acquainted with the character of the deceased's handwriting and that it was signed by the testator.

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    (5)   Will made on behalf of a mental patient

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    Where a will was authorised to be made by the Court on behalf of a mental patient in exercise of its special powers under the Mental Health Act, Ch. 229, section 22(1)(e) of the Revised Laws of Saint Vincent and the Grenadines and the Mental Health Act, Cap. 131 of the Territory of the Virgin Islands, rule 17(1) applies with such modifications as may be necessary for the purpose of indicating that —

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      (a)     the will was made under the direction of the Court; and

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      (b)     the provisions of the Mental Health Act of Saint Vincent and the Grenadines and the Territory of the Virgin Islands and the Court's directions were complied with.

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    (6)   Notarial Wills

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    Where the deceased died domiciled in Saint Lucia, and it appears to the Court that there is prima facie evidence that a will is a notarial will, the will may be admitted to proof without an affidavit of due execution, if the Court is satisfied that the will is a will which complies with the formal requirements in respect of such wills.

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