2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

43.   Lost will or oral will grants

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    (1)   An application for an order admitting to proof —

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      (a)     an oral will, except in the case of the Territory of the Virgin Islands;

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      (b)     a will contained in a copy; or

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      (c)     a reconstruction of a will;

where the original will is not available, must be supported by evidence on affidavit as the applicant can adduce as to —

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    (i)     the will's existence after the date of the testator's death or, where there is no such evidence, the facts on which the applicant relies to rebut the presumption that the will has been revoked by destruction,

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    (ii)     in the case of an oral will, the contents of that will, and

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    (iii)     in respect of a reconstruction of a will, the accuracy of that reconstruction.

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    (2)   The Court may —

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      (a)     require additional affidavit evidence as to —

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        (i)     due execution of the will, or

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        (ii)     the accuracy of the copy; and

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      (b)     direct that notice of the application be given to any person who might be prejudiced by the application.