A will do not take effect until a person dies. A beneficiary (a person entitled by the will to receive assets left by the deceased) does not have any interest in a testator’s assets while he/she is alive.

The principal benefits of having a will are that it dictates how your assets are divided amongst your beneficiaries on your death, it provides certainty for your family and dependents and allows you to plan for their financial futures.

A will can be challenged by a person who believes that they are entitled to be a beneficiary or have such other interest in the deceased’s assets.

There are no requirements in the Wills Act as to who can be a witness save that any witness has to be mentally competent. A blind person is incapable of witnessing a will since the will have to be witnessed (signed) in his/her ‘presence’ and he/she is unable to ‘witness’ the act.

You can keep your will in a safe place or if you have a trusted friend or family member you can have them keep your will.

A will is valid until either it is revoked or until probate has been granted by the Grand Court. Upon the grant of probate, the executor has one year to administer, divide and distribute the deceased’s estate in accordance with the terms of the will.

Where a will named a testator’s child as a beneficiary and that child dies before the testator but left a child(ren) of their own, that child(ren) will be entitled to receive their parent’s share of the estate.