Ask a Grenadian attorney where family land disputes start, and the answer is often a death without a will, or with a will that was homemade, unwitnessed or vague about which land went to whom. Land is usually the largest asset a Grenadian family owns, and in many cases it has been in the family for generations. Leaving clear instructions for it is one of the most useful things an owner can do, at home or in the diaspora.
Grenada's law on wills follows the English common law tradition, with its own legislation setting out how a will must be made. The basic rules are not complicated, but they are strict: a will that fails a formal requirement can be challenged or treated as invalid, and the land then passes as if there were no will at all. This page explains what a valid will needs, how to describe land properly, how to choose an executor and the mistakes to avoid. It is general guidance; a Grenadian attorney should prepare or review any will that deals with land.
The formal requirements
A will must be in writing. It can be typed or handwritten, but oral wishes, voice notes and messages do not count as a will for land. The person making it, called the testator, must sign it, normally at the end, and must have the mental capacity to understand what they own, who might expect to inherit and what the will does.
Witnessing is where homemade wills most often fail. The general rule is that the testator signs, or acknowledges the signature, in the presence of two witnesses who are present at the same time, and the witnesses then sign in the testator's presence. Witnesses should be adults who are independent of the will.
A witness who is a beneficiary, or whose husband or wife is a beneficiary, risks losing their gift under the rule inherited from English law, even though the rest of the will stands. This catches families out regularly, because the people who happen to be at the bedside are often the children who are to inherit. Ask neighbours, a pastor, colleagues or the attorney's staff to witness instead.
Describing the land so there is no argument
Use the deed description. Identify each parcel by the description in the title deed, including the deed's registration details at the Deeds and Land Registry, the area and the survey plan reference where one exists.
Name the location precisely. Give the village, parish and any estate name, such as a lot in a named estate in St Andrew or a house spot in Hillsborough, Carriacou. "My land in the country" is not enough.
Deal with part-plots carefully. If you want to divide a parcel among children, a survey before the will is made avoids a fight over who gets the road frontage, the flat part or the spring.
Cover land acquired later. Include a residuary clause leaving "everything else" to named people, so land bought after the will was made does not fall outside it.
Say how the land is to be held. If two or more people inherit one parcel, state whether they take it in equal shares, and consider whether they should be allowed or required to sell.
Choosing an executor
The executor is the person who applies to the High Court for probate, collects the assets, pays any debts and transfers the land to the beneficiaries. Choose someone organised, trusted by the family and able to deal with attorneys and the Registry. Naming two executors, or a substitute if the first cannot act, is common.
Where most of the family lives overseas, think about practicalities. An executor in New York, Toronto or London can act, but the process will be slower and more expensive if every step needs courier and video calls. Some families appoint one executor at home and one abroad; others appoint a Grenadian attorney or a trusted professional to act.
Executors can be beneficiaries. That is normal and does not breach the witness rule, which concerns witnesses only. What matters is that the executor understands the role is a duty to carry out the will, not a licence to decide who deserves what.
What to gather before seeing an attorney
A will appointment goes faster, and costs less, with these to hand:
- Copies of every title deed for land and buildings, plus any survey plans.
- Details of land you believe you have an interest in but which is not in your name, such as undivided family land.
- Full names of the people you want to benefit, with their relationship to you.
- Names of proposed executors and a substitute.
- Notes on any loans, mortgages or agreements affecting the land.
- Information on assets elsewhere, because a separate will for overseas property may be advisable.
- Any earlier wills, so the new one can revoke them clearly.
Think too about the family situation the attorney should know: a child with special needs, a relative already living on the land, a house built by one child on a parent's parcel, or a beneficiary who lives abroad. These facts shape how gifts should be worded, and leaving them out is how wills end up unfair in practice even when they look fair on paper.
Leaving the house to one child and fairness to the others
A frequent wish is to leave the family home to the child who lives in it or cared for the parents, while treating the others fairly. Simply leaving everything equally to all the children, then hoping they sort it out, often produces the co-ownership the parents wanted to avoid. It is better to decide and say so.
Options include leaving the house to one child and other land, savings or insurance to the rest; leaving the house to one child on condition that they pay a sum to the others within a set period; or giving the occupying child a right to live there for life, with the property passing to all the children afterwards. Each has advantages and drawbacks, including whether the occupying child can raise the money and what happens if they want to sell.
Explaining the reasons to the family while the testator is alive, or in a letter left with the will, reduces the chance of a challenge. A will cannot prevent every argument, but a clear one, made with an attorney and with the testator's capacity beyond doubt, gives a challenger very little to work with.
Wills made overseas and wills for overseas assets
Many Grenadians abroad make wills in the country where they live. A will valid where it was made may be accepted in Grenada, but a foreign will that mentions Grenada land loosely, or does not follow Grenadian formalities, can complicate probate. Some people make a separate Grenada will dealing only with their Grenadian property, carefully drafted so that it does not accidentally revoke the will made abroad, and the other way round.
The reverse applies to Grenadians at home with property overseas. A house in Brooklyn or a pension in the UK will be dealt with under the law of that country, and a Grenada will may not be enough. An attorney can advise on whether separate wills are sensible.
Foreigners who own land in Grenada under an Alien Landholding Licence should also have a will that covers it. An heir who is not a citizen may face licensing questions when inheriting, so the will is worth discussing with an attorney who knows that area.
Mistakes that cause disputes
Homemade wills with one witness, or with beneficiaries as witnesses, are the commonest cause of trouble. So are handwritten changes made after signing; crossing out a name and writing in another does not change the will unless the alteration is properly executed. Make a new will or a formal codicil instead.
Leaving one parcel to "all my children" without saying how it should be managed creates exactly the undivided family land that generations then struggle with. If the intention is for one child to have the house and others to be compensated, say so.
Failing to update a will after a marriage, divorce, death of a beneficiary or sale of land can produce unintended results. In legal systems modelled on English law, marriage can affect an earlier will, so ask an attorney whether a new will is needed after marrying. Finally, tell the executor where the original will is kept. A will nobody can find helps no one.
Frequently asked questions
How many witnesses does a will need in Grenada?
Two witnesses are the general requirement, both present when the testator signs or acknowledges the signature. They should be independent adults. A Grenadian attorney can confirm the formalities and supervise signing so the will is not open to challenge.
Can a child who inherits witness the will?
It is a bad idea. Under the rule inherited from English law, a witness who is a beneficiary, or whose spouse is, can lose the gift. Use neighbours, colleagues or the attorney's staff as witnesses instead.
Is a handwritten will valid for land in Grenada?
A handwritten will can be valid if it is signed and properly witnessed and the person had capacity. Problems usually come from missing witnesses, vague land descriptions or later alterations, which is why professional drafting is recommended for land.
Should someone abroad make a separate will for Grenada land?
Often it is sensible. A separate Grenada will, drafted so it does not revoke the overseas will, can make probate in Grenada simpler. An attorney in each country should review how the two wills work together.
Where should the original will be kept?
Somewhere safe and known to the executor, such as with the attorney who prepared it or in a secure place at home. A copy is useful for reference, but probate normally requires the original signed document.
Can a will be changed later?
Yes. A new will can revoke the old one, or a codicil can make specific changes. Each must be signed and witnessed with the same formalities. Crossing out or writing over the original does not reliably change it.
