Wills, Probate and Intestacy in Saint Kitts & Nevis: A Practical Guide
How to make a valid will, apply for probate or letters of administration, and how estates are distributed without a will in Saint Kitts and Nevis.
Whether you live in Basseterre, Charlestown or the diaspora, planning your estate in the Federation of Saint Kitts and Nevis protects your family and property. Probate matters are handled by the High Court of Justice (Eastern Caribbean Supreme Court), which sits in both Saint Kitts and Nevis, under the ECSC’s non-contentious probate rules.
1. Making a Valid Will
For a will to be valid in Saint Kitts and Nevis, it should generally be:
- In writing and made by a person aged 18 or over who is of sound mind;
- Signed by the testator (or by someone in their presence and at their direction);
- Witnessed by two people present at the same time, who also sign; and
- Witnesses (and their spouses) should not be beneficiaries, or their gifts may fail.
Marriage can revoke an earlier will, so review your will after marriage, divorce or the birth of children. Keep the original in a safe place and tell your executor where it is.
2. Applying for Probate
- Locate the original will and the death certificate.
- Value the estate: list land (with title references), bank accounts, vehicles, shares and debts.
- File the application at the High Court Registry (Basseterre or Charlestown) through an attorney, with the executor’s oath/affidavit and supporting documents.
- Advertise the application as required so that objections can be raised.
- Grant issued: the executor can then collect assets, pay debts, and transfer property — including land registered under the Title by Registration system.
3. Dying Without a Will (Intestacy)
If there is no valid will, a close relative applies for Letters of Administration, and the estate is distributed according to the statutory intestacy rules. In broad terms:
- A surviving spouse and children share the estate, with the spouse receiving a priority share;
- If there is no spouse, the estate passes to the children equally;
- If there are no spouse or children, it passes to parents, then siblings, then more remote relatives;
- If there are no relatives entitled, the estate may pass to the Crown.
Because the exact shares depend on the family structure, take advice before distributing any assets.
4. Overseas Grants and Diaspora Estates
If a grant was issued in another Commonwealth jurisdiction (e.g. the UK), it may be possible to have it resealed in Saint Kitts and Nevis rather than starting a fresh application. Diaspora families should also check for land held under old deeds, which may need regularisation before transfer.
Frequently Asked Questions
How many witnesses does a will need in Saint Kitts and Nevis?
Generally two witnesses, both present when the testator signs. Witnesses and their spouses should not be beneficiaries under the will.
Where do I apply for probate in Saint Kitts and Nevis?
At the High Court Registry of the Eastern Caribbean Supreme Court in Basseterre (Saint Kitts) or Charlestown (Nevis), usually through a local attorney-at-law.
Can a UK grant of probate be used in Saint Kitts and Nevis?
A grant from a Commonwealth jurisdiction may be resealed by the High Court in Saint Kitts and Nevis, which is usually faster than a fresh application.
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