Navigating the loss of a loved one is challenging enough without the added stress of complex legal procedures. Thankfully, the Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules—Saint Lucia S.I. No. 104 of 2017—offer an accessible legal framework for managing a deceased person’s estate where no legal disputes exist.
What is Probate?
Probate is the official legal process of:
- Validating a deceased person’s will, and
- Overseeing the distribution of their estate according to that will.
If the person passed away without a valid will, the process is known as intestacy, and letters of administration must be granted to authorize someone to manage the estate.
Who Can Apply for a Grant?
Applications can be made by:
- Executors named in the will
- The next of kin
- A legal representative or attorney-at-law
Special provisions exist for:
- Minor beneficiaries
- Non-resident applicants
- Persons who are mentally or physically incapable
Types of Grants Issued by the Court:
- Grant of Probate – Issued to executors named in a valid will
- Letters of Administration with Will Annexed – When the executor is not named, unwilling, or unable to act
- Letters of Administration – For intestate estates (no will)
- Special Grants – In special cases involving emergencies, minors, foreign applicants, missing wills, or small estates
Key Steps in the Application Process:
- File required forms and documents,
- Obtain a certificate of search from the High Court Registry to confirm no previous application was filed.
- Pay probate duties or make arrangements for payment with the Inland Revenue Department.
- Publish a newspaper notice (this step may be waived for small estates).
Small Estates: A Simplified Route
For estates valued under the statutory threshold (as defined in the rules), a simplified process is available:
- No requirement to declare the estate’s value publicly
- No newspaper notice necessary
This is particularly helpful in easing the burden for families managing modest inheritances.
Safeguards and Appeals
The Court maintains strict oversight to:
- Confirm the authenticity of wills
- Verify eligibility of applicants
- Ensure transparency and fairness throughout the process
In certain cases, additional evidence may be required—especially for:
- Foreign wills
- Holograph (handwritten) wills
- Oral wills
Applicants may appeal decisions if a grant is refused or contested.
A Supportive Legal Framework
This statutory instrument is designed to streamline probate procedures, reduce delays, and offer reassurance to bereaved families by promoting clarity, fairness, and diligence in the administration of estates.
Need Assistance?
Contact us at Calderon Law & Estate Management for personalized guidance through the process