If you are an Executor, the probate process in Barbados begins by having all of the necessary information. Having all of the necessary information begins by asking the following questions:
- Where is the original Will?
- Who prepared the original Will?
- Where are the original property documents?
- What is the current status of the assets mentioned in the Will? (how much money in the Bank Accounts, Insurance Policies, etc.)
- What is the current status of the beneficiaries (where are they? are they alive and well?, etc.)
You can either search for this information yourself or you can ask someone to search for it on your behalf. Usually, an Executor would speak to an Attorney-at-Law (lawyer) and the lawyer would give the necessary advice and perform the necessary searches to obtain that information. However, it is always better when the Executor is aware of this information even before the testator/testatrix (the person who made the Will) dies.
After the Executor obtain the necessary information, then it is time to begin the formal process of probating the Will according to the laws of Barbados: https://www.barbadoslawcourts.gov.bb/assets/content/pdfs/statutes/SuccessionCAP249.pdf
The formal process begins by publishing advertisements in the Newspaper along with the Official Gazette (the Official Gazette is published by the Government Printery).
After the last publication, you have to wait two weeks before you can submit the Application and supporting documents to the Probate Registry to probate the Will. Your lawyer should advise you throughout the entire process of all the documents that you will need to sign.
By Corey H.D. Beckles, Attorney-at-Law