It is rightly said that everyone should make a will, for this is the only way that an individual can ensure that the persons of his choice can benefit from his/her estate. Further advantages of a will are that the testator can appoint his executors, appoint guardians for any minor children, and give instructions as to the manner of burial. If there is no will, then the deceased’s estate will be distributed according to the intestacy laws, which may not accord with his wishes; for instance, if the deceased had been living with a partner for under 5 years, without being married to her, she might not be entitled to anything under intestacy.

Wills should be reviewed every few years, so as to cater for changes in the family, such as births, deaths, marriages, divorce or separation, minors reaching adulthood or completing their education, and changes in financial or taxation circumstances.

When a person dies, no-one can access his/her assets until either probate of the will or, in the case of intestacy, letters of administration have been granted by the court. The services of an attorney are normally necessary for this process. The executor or administrator collects all the assets, pays the deceased’s debts and distributes the net proceeds to the beneficiaries under the will or to the persons entitled under intestacy.

In Barbados, the Succession Act, Cap.249, applies. This Act broadly reproduces the position in the earlier English law, with one very important difference: the Act gives a surviving spouse the right to elect (ie choose) whether to accept what is given to her by his/her deceased spouse’s will or to take one half of the net estate (one quarter if there are minor children of the marriage).