Why Every Ni-Vanuatu Should Have a Will: Protecting Your Family and Your Legacy

By Jennifer La’au and Damian Kelly

In Vanuatu, the passing of a loved one often brings not only emotional grief but also legal and financial complications. This is especially true when no will exists. A will is a legal document that outlines how a person’s assets should be distributed after death. Without one, families may face land disputes, costly court processes, and burdensome travel requirements. These issues can be avoided with proper planning and a legally valid will.

The Legal Framework

The Wills Act [CAP 91] (Act) governs the creation and validity of wills in Vanuatu. It allows any person of sound mind aged 18 or older to make a will, provided it is in writing and signed in the presence of two witnesses. The Act also outlines how wills can be amended or revoked, ensuring that individuals retain control over their estate planning throughout their lives.

When someone dies without a will (known as dying “intestate”), the Probate and Administration Rules 2003 (Rules) apply. These rules set out the procedures for applying for probate or letters of administration, including advertising the death, filing sworn statements, and attending court hearings. The process can be lengthy, expensive, and emotionally taxing for surviving family members.

What Happens If You Die Without a Will?

Various issues arise and these can differ from person-to-person. However, common issues include:

Delays in Accessing Funds

Banks may freeze accounts until probate is granted. Without a will, this process can take months, leaving families without access to essential funds. This can be particularly difficult when trying to cover funeral costs or support dependents.

Probate Costs

Applying for probate or administration involves court fees, legal costs, and sometimes the hiring of professional valuers or administrators. These expenses can significantly reduce the value of the estate and delay access to funds needed for funeral arrangements or daily living.

Travel and Time

Family members may need to travel to Port Vila or Luganville to meet with banks, lawyers, and attend court hearings. This is especially burdensome for those living in outer islands, where transport is costly and infrequent. The time and money spent on these trips can be avoided with a clear and valid will.

Land Disputes

Land is one of the most valuable and culturally significant assets in Vanuatu. Without a will, disputes often arise between family members or clans over who has rightful claim to customary or registered land. These disputes can take years to resolve and may require court intervention, causing division and stress within families.

Benefits of Having a Will

There are many benefits to having a will, these may include:

• deciding who inherits your assets, reducing the risk of disputes;

• a reduction in costs, as a valid will simplifies the probate process, saving time and money;

• nominating guardians for dependants such as children or pets; and

• giving you peace of mind knowing that your wishes are written down and have legal protection.

How to Make a Will in Vanuatu

Under the Act, a will must be:

• in writing;

• signed by the person making the will (the testator);

• witnessed by two people who are not beneficiaries.

It is advisable to consult a lawyer to ensure your will complies with legal requirements and reflects your wishes accurately. You should also keep your will in a safe place and inform a trusted person of its location.

Planning Ahead: More Than Just a Will

In addition to making a will, consider leaving clear instructions about:

• Funeral preferences;

• Bank account details;

• Insurance policies;

• Guardianship of children; and

• Any debts or obligations.

These instructions can be included in a separate letter or document, but they should not contradict your will.

Next Steps

Creating a will is not just for the wealthy. It’s a vital step for anyone who owns land, has children, or holds bank accounts. It’s also an act of love and responsibility. By planning ahead, you protect your family from unnecessary hardship and ensure your legacy is honoured.

We have significant experience working with individuals to future proof their legacy. We can provide will drafting and safekeeping services, and where necessary can support loved ones in probate and enforcement proceedings.