Requirements to create a valid will in Trinidad and Tobago

Valid wills require two things: (i) the satisfaction of the Statutory Formalities and (ii) the Testator’s possession of the Testamentary Capacity or Animus Testandi

Statutory Formalities

Section 42 of the Wills and Probate Act of Trinidad and Tobago Chap 9:03 provides as follows:

“42. Save as hereinbefore provided, no Will executed after the commencement of this Act shall be admitted to probate or annexed to any letters of administration or be deemed to have any validity for any purpose whatsoever unless such Will is in writing and executed in manner hereinafter mentioned, that is to say, – it shall be made by a person of the age of twenty-one years or more, it shall either be signed at the foot or end thereof by the Testator or by some other person in his presence and by his direction and such signature shall be made or acknowledged by the Testator in the presence of two or more witnesses of either sex competent to attest a Will according to the law of England, present at the same time, and such witnesses shall attest and subscribe the Will in the presence of the Testator and of each other but no form of attestation shall be necessary. No person shall be a competent witness to any Will executed or purporting to be executed after the 16^th of May 1921, who has attested such Will by making a cross or mark or otherwise than by his signature in his own proper handwriting.”

Based on this legislative position, the statutory requirements for the valid execution of a will requires:

1. The Will to be in writing;
2. The Will to be made by a person aged 21 years or older;
3. The Will must be signed either at the foot or end by the Testator or by some other person in their presence and by their direction;
4. Such signature must be made or acknowledged by the Testator in the presence of two or more witnesses of either sex competent to attest a Will; and
5. Such witnesses must attest and subscribe the Will in the presence of the Testator and of each other.