Wills & Probate in Guyana

Planning for what happens to your assets after death is an important responsibility. In Guyana, proper will creation and understanding of probate processes can protect your family and ensure your wishes are respected.

Wills in Guyana

A will is a legal document that specifies how you want your property distributed after death. In Guyana, creating a valid will requires:

• The testator (person making the will) must be at least 18 years old
• The testator must be of sound mind
• The will must be in writing
• The will must be signed by the testator
• The signature must be witnessed by at least two people who aren't beneficiaries
• The witnesses must sign in the presence of the testator and each other

Types of Wills

In Guyana, several types of wills are recognized:

• Formal Will - A written document prepared according to legal requirements
• Holographic Will - Handwritten and signed by the testator (may be subject to stricter scrutiny)
• Joint Will - Made by two people, usually spouses, disposing of their property
• Living Will - Specifies medical treatment preferences if you become unable to communicate your wishes

What Happens If You Die Without a Will?

Dying without a valid will (intestate) in Guyana means your assets will be distributed according to the Inheritance Act. Generally:

• If you have a spouse and children, they share the estate
• If you have a spouse but no children, the spouse receives a larger portion, with the remainder going to parents or siblings
• If you have children but no spouse, the children inherit everything in equal shares
• If you have neither spouse nor children, the estate passes to parents, siblings, or other relatives in a specific order

Intestacy often results in distribution that may not match your wishes and can create family conflicts.

The Probate Process

Probate is the legal process of administering a deceased person's estate. In Guyana, it involves:

1. Application for Probate or Letters of Administration - Filed with the High Court
2. Validation of the Will - The court confirms the will's authenticity
3. Appointment of Executor/Administrator - Either named in the will or appointed by the court
4. Inventory of Assets - Identifying and valuing all assets
5. Payment of Debts and Taxes - Settling obligations from the estate
6. Distribution of Remaining Assets - According to the will or intestacy laws
7. Filing of Accounts - Documenting all financial transactions

Probate vs. Letters of Administration

The court issues different documents depending on the circumstances:

• Grant of Probate - Issued when there is a valid will and the named executor applies
• Letters of Administration with Will Annexed - Issued when there is a valid will but no executor is named or available
• Letters of Administration - Issued when there is no will (intestate cases)

Estate Planning Tips

Beyond creating a will, comprehensive estate planning in Guyana may include:

• Designating power of attorney for financial and healthcare decisions
• Creating trusts for specific purposes or beneficiaries
• Reviewing and updating beneficiary designations on insurance policies and pensions
• Documenting asset inventory and locations of important documents
• Discussing your wishes with family members to prevent future disputes