Guide To Probating Wills In The British Virgin Islands

Application for grant of probate

1. This application is usually made by the executor named in the will. If some other person is making the application, he must clear off executor. If the executor has died - exhibiting his death certificate or by a written renunciation if the executor does not want to make the application. If the executor is not the applicant, the application will be an application for letters of administration with will annexed and not an application for grant of probate. I will deal with letters of administration with will annexed below.

2. The application for probate must be supported by an affidavit from the executor and this affidavit must exhibit (a) the death certificate of the deceased and the will. The death certificate must either be an original document or a copy certified by a notary public or a British consular officer. If notarized in a noncommonwealth country it must have an apostille attached.