Mcgregor

What does it mean to probate a will?

The root of the word probate is 'prove'. The law.com Law Dictionary defines probate as "the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will."

When a will is admitted to probate, it means that:

The deceased person had the mental capacity to prepare the will, knew and approved of its contents and acted under no undue influence or duress.

The will was written; whether by hand or typed.

It was signed by the deceased person or by someone in his/her presence or on his/her direction.

The deceased person signed the will in the presence of at least two witnesses.

Each witness signed the will in the presence of the deceased person.

When is it necessary to do so?

It is necessary to apply for probate after the person who signed the will (i.e. the testator or testatrix) has died. If the will is not admitted to probate, the testator's assets cannot be transferred to his or her beneficiaries in accordance with the will.

Who in Jamaica has the authority to do it?

Under Jamaican law, only an executor has the authority to apply for probate. This person would have had to be named as the executor in the will. It will be the executor's job to administer the testator's estate by applying for probate, collecting all assets belonging to the testator, paying all debts and distributing the assets in accordance with the terms of the will.

If no executor is appointed in a will, it does not affect the validity of the will. However, it will mean that no application can be made for a grant of probate. Instead, an application will have to be made for a grant of 'letters of administration with will annexed." This means that someone other than an executor will administer the estate of the deceased person and carry out the deceased's wishes in accordance with his will.

(Additional information regarding probate is contained in articles which were published on June 18 and 25, 2007).

On another note

The words 'Prenuptial Agreements' appear to be synonymous with two names - Terry MacMillan and Sir Paul McCartney. The former is lauded for having had the good sense to prevent Jonathan Plummer from getting his hands on her money and the latter is criticised for leaving his millions exposed to Heather Mills.

The ruling before the Royal Courts of Justice, left Sir Paul having the last laugh. Do we dare say that justice was dispensed after Sir Paul's ex-wife Heather was awarded less than 20 per cent of the £125 million that she sought after the four-year marriage?