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68.5 Affidavit of testamentary scripts
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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68.5   Affidavit of testamentary scripts

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    (1)   Unless the court otherwise directs, the claimant and every defendant who has entered an acknowledgment of service in probate proceedings must swear an affidavit —

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      (a)     describing any testamentary script of the deceased person, whose estate is the subject of the claim of which he or she has any knowledge or, if such be the case, stating that he or she knows of no such script; and

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      (b)     if the defendant has knowledge of any such script which is not in his or her possession or under his or her control —

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        (i)     giving the name and address of the person in whose possession or under whose control it is, or

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        (ii)     that he or she does not know the name or address of that person.

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    (2)   Any affidavit required by this rule must be filed.

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    (3)   Any testamentary script referred to in the affidavit which is in the possession or under the control of the deponent must be lodged at the court —

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      (a)     within 14 days after the filing of an acknowledgment of service by a defendant to the proceedings; or

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      (b)     if no defendant files an acknowledgment of service and the court does not otherwise direct –before the first hearing.

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    (4)   If any testamentary script required by this rule to be lodged or any part of it is written in pencil, then, unless the court otherwise directs, a copy of that script, or of the page or pages containing the part written in pencil, must also be lodged and the words which appear in pencil in the original must be underlined in red ink in the copy.

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    (5)   Notwithstanding rule 3.13 (2), except with the leave of the court, a party to probate proceedings may not be allowed to inspect an affidavit filed, or any testamentary script lodged, by any other party to the proceedings under this rule, until an affidavit sworn by the first party containing the information referred to in paragraph (1) has been filed.

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    (6)   In this rule, “testamentary script” means a will, draft will, written instructions for a will made by, at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed.

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