The pending amendments to Guyana’s Wills Act of 1902 and the Deceased Persons Estates’ Administration Act represent vital reforms, with real and measurable benefits for everyday citizens. These changes are poised to address longstanding issues with probating wills and accessing deceased persons’ funds — issues that have often created unnecessary hardships for grieving families. This effort, spearheaded by Attorney General and Minister of Legal Affairs, Anil Nandlall, SC, exemplifies socially conscious lawmaking that puts people’s needs at the forefront. By reducing bureaucratic barriers, simplifying procedures, and expanding access to crucial resources, these amendments stand as a testament to the Government’s commitment to modernizing Guyana’s legal system with the people’s welfare at heart.
At present, probating a will in Guyana is a challenging process, due to outdated requirements under the Wills Act. One such requirement is that at least one witness who signed the will must provide an affidavit attesting to the document’s authenticity. This stipulation may sound practical on the surface, but it becomes a significant obstacle over time. Wills are often written many years before they are executed, meaning that locating witnesses after a person’s death can be extremely difficult. In some cases, witnesses may have moved away, become unreachable, or even passed on themselves, leaving families unable to access and manage their loved ones’ estates. As a result, probate cases can drag on for years, during which time properties may decay and legal costs mount.
The proposed amendment tackles this issue head-on by introducing a simple but effective solution: witnesses will now sign the affidavit of validity at the time the will is created, and this document would then be attached to the will as a permanent document. This straightforward adjustment eliminates the need to locate witnesses years later, expediting the probate process and significantly reducing legal expenses.
Simplifying the process in this way not only demonstrates respect for the time and resources of grieving families, but also encourages individuals to make wills with the knowledge that their instructions can be carried out efficiently after they pass. By removing unnecessary legal roadblocks, this reform underscores the Government’s commitment to reducing burdens on its citizens in times of need.
In parallel, amendments to the Deceased Persons Estates’ Administration Act address another crucial concern: providing families with timely access to the deceased person’s financial resources. Currently, Guyanese families may only withdraw up to $750,000 from a deceased person’s bank account; but other types of assets, such as funds held in trusts, credit unions, or cooperative societies, remain inaccessible. Many families struggle to cover funeral expenses, debts, or other immediate costs, because they cannot access funds that rightfully belong to them. By expanding access to include money kept in trust funds, cooperative societies, or employer-held gratuities, the proposed changes reflect a compassionate approach to legal reform.
This expansion would bring particular relief to families in rural areas, or those involved in cooperative societies and trusts. In these cases, financial assets are often stored in less traditional forms, reflecting communal or collective ownership models that may not align neatly with conventional banking. Extending the legal right to access these resources is in essence an acknowledgement of the diverse financial landscapes within Guyanese society. Such recognition by the Government showcases an inclusive approach that values all segments of the population. Further, the amendments demonstrate a recognition of the immediacy of financial needs after a loved one’s passing. Funeral expenses, mortgage payments, and ongoing family support cannot wait for long probate processes, and giving families access to these funds promptly is not only logical, but also humane.
Minister Nandlall has described these amendments as “law reform with a social conscience”, a sentiment that captures the essence of this initiative. Often, legal reforms are seen as dry and procedural changes that, while necessary, do not have a direct impact on people’s day-to-day lives. This initiative defies that notion, and focuses instead on ensuring that the law works for the people it is designed to protect. In fact, the impact of these changes goes beyond just saving court fees or cutting legal red tape; it represents a shift towards a more compassionate and responsive legal system.
In sum, these reforms should be commended and supported for the way they bring Guyana’s legal system into alignment with contemporary social realities. By making it easier for families to manage estates and access essential resources, the amendments would alleviate a significant source of stress for families dealing with loss. In a broader sense, they reinforce the Government’s role as a supportive presence in times of need, adapting the law to meet the evolving needs of its citizens.
At its core, this legislation reflects a forward-thinking government that is committed to fostering a society in which the law serves as an instrument of compassion and practicality. The amendments to the Wills Act and the Deceased Persons Estates’ Administration Act symbolize a people-centred approach to lawmaking, balancing the necessity for legal rigour with an understanding of human needs. In pushing forward these changes, the Government is sending a clear message: the legal system exists to support citizens, not hinder them.
These reforms would resonate deeply with many families, affirming the Government’s dedication to a justice system that, as Minister Nandlall rightly said, has a “social conscience.”
