Grants of Probate

• Author: Karen Nunez-Tesheira
• Pages: 99-125

Grants of Probate / 99

PRACTICE AND PROCEDURE

As stated in chapter 4, applications for grants of probate are made ex parte

by lodging the requisite documents in the Probate Section of the Supreme

Court/High Court Registry and in addition in the case of Trinidad and

Tobago, the sub-registry of the Supreme Court. The application for the

grant of probate is made by the executor(s). It is to be noted that although

the testator may appoint as many executors as he wishes, no more than

four will be permitted to prove the will at any one time.1

DOCUMENTS REQUIRED

Listed below are the papers necessary to lead a grant of probate for the

respective territories. As with other grants of representation, the documents

required vary somewhat from jurisdiction to jurisdiction.

Barbados2

1. Application for grant made through an attorney-at-law or by the

applicant in person.

2. Affidavit of executor.

3. Certified copy of death/burial certificate or a statement writing to

the satisfaction of the registrar for the non-production thereof.

4. Original will marked by the signatures of the executor and the person

before whom sworn (a legal assistant).

5. Affidavit of due execution.

6. Estate and Successions Duty Certificate (with respect to the estates

of persons dying on or before 30th March, 1981).3

7. Affidavit of search.

8. Affidavit of Value/Property with Schedule thereto with respect to

the estates of persons dying on or after 31st March, l98l.4

5

Grants of Probate

100 / Probate Practice and Procedure

Guyana5

1. Application for grant — setting out a list of the documents lodged

and signed by the attorney-at-law or by applicant if applying in

person.

2. Oath of executor.

3. Affidavit of due execution.

4. Statement of assets and liabilities.

5. Certificate of proper officer.

6. Original will marked by the executor and the person before whom

sworn (a Commissioner for Oaths to Affidavit/Sworn Clerk).

7. Certified copy of death certificate.

Jamaica6

Prior to January 1, 2002

1. Covering letter (addressed to registrar discretionary).

2. Oath of executor.

3. Affidavit of due execution.

4. Inventory.

5. Kalamazoo copy of inventory.

6. Declaration of counting of inventory.

7. Will bond.

8. Affidavit of value (not required where the applicant is the

Administrator General).

9. Probate and copy will.

10. Kalamazoo copy of probate and will.

11. Declaration of counting of probate and copy will.

12. Affidavit in proof of death.

13. Will marked by the signature of the executor, an attesting witness

and the person before whom sworn (a Commissioner for Oaths).

14. Stamp Commissioner’s Certificate (with respect to the estates of

persons dying on or prior to 20th July, 1963).7

On or after January 1, 2003

1. Covering letter addressed to registrar (discretionary).

2. Oath of Executor.

3. The original will duly marked.

4. Death certificate exhibited to oath or where not available, affidavit