Attorney-at-law Chevy Devonish has cautioned that people named as beneficiaries in a will could lose their intended inheritance if they sign the document as witnesses, highlighting the legal pitfalls that can complicate the administration of estates.
Devonish issued the warning during a legal clinic on estates hosted by the Guyana Public Service Cooperative Credit Union (GPSCCU) on Thursday at its building on Hadfield Street. The clinic examined beneficiaries’ rights, the probate of wills and the process of obtaining letters of administration, while addressing common difficulties families encounter when a loved one dies.
Using the example of a husband leaving property to his wife under a will, Devonish explained that the intended beneficiary should not witness the document, as doing so could invalidate the gift made to that person.
“If you sign that will as somebody who’s supposed to benefit from that will, then that gift that was supposed to go to you is going to lapse. It’s going to fail,” he explained.
The warning highlights the importance of ensuring that wills are properly prepared and executed, particularly when individuals want to ensure that their assets pass to specific relatives or loved ones.
Devonish also stressed the need to safeguard wills and ensure that they can be located when required. He identified several circumstances that can complicate probate, including situations where a will cannot be found or where competing documents create uncertainty over which one reflects the deceased person’s final wishes.
Such disputes can delay the administration of an estate and create additional difficulties for grieving families seeking to establish their legal entitlements.
To reduce the risk of disputes, Devonish recommended keeping clear records of when a will was prepared and whether it had subsequently been amended or replaced. He suggested that individuals periodically document the status of their wills, including confirming whether the most recent version remains unchanged.
Although he acknowledged that such correspondence is not a legal requirement, he said maintaining a clear record could help resolve uncertainty and prevent unnecessary complications.
“Don’t put yourself in that situation,” he urged.
Devonish also addressed provisions intended to make it easier for families to access the assets of deceased persons whose estates are valued at $750,000 or less.
He explained that, under the process described at the clinic, eligible applicants may be able to obtain documentation from the relevant authorities to access funds held by financial institutions, including banks and credit unions, without having to pursue the full court process.
Using a hypothetical estate valued at $500,000, he illustrated how evidence of the deceased person’s death and the total value of the estate could be used to support an application for the release of funds.
The $750,000 limit applies to the total value of the deceased person’s estate, rather than simply the balance held in a single account. Estates exceeding that threshold may require a different process, although Devonish said applicants could explore whether an advance on funds held by an institution was possible.
He advised families to gather the relevant supporting documents, including the death certificate and the will where applicable, and to seek legal guidance to ensure that applications are handled correctly.
The clinic also highlighted the importance of understanding the distinction between probate, which generally involves establishing the validity of a will and the authority to administer the estate, and letters of administration, which are commonly used to appoint someone to administer an estate where there is no valid will.
Devonish’s presentation underscored the importance of planning ahead, keeping wills accessible and ensuring that beneficiaries and relatives understand the procedures governing the distribution of a deceased person’s assets.
For families already dealing with bereavement, proper preparation and clear documentation can help reduce uncertainty, limit disputes and prevent avoidable delays in settling an estate.
