Listed below are some frequently asked questions to help guide you. Click on the question for more information.
What is a Will?
A Will is a legally enforceable document directing the disposal of a persons property.
A Will will only come into effect upon the death of that person.
What happens if I die without a Will?
Your Estate will be distributed to your next of kin according to a statutory formula in the laws of Fiji now in force Succession, Probate and Administration Act, Cap. 60.
Who is a testator?
A testator or testatrix for a female is a person who has made a Will.
What do I need to specify in my Will?
a)The name of the person to administer your estate. (Your Executor)
b) How your property should be distributed, that is, what amount or shares.
c)To whom should your property be distributed. ( Your beneficiaries)
Why do I need a Will?
So that the distribution of your wealth (property, cash and any other assets) is carried out according to your wishes, rather than according to a legal formula.
How do I ensure that my Will is valid?
a)A will should be properly drawn up by and signed by the testator.
b) It then should be witnessed and signed by 2 people.
What if the circumstances change?
A Will needs to be updated every time your circumstances changes.
Section 13 of the Wills Act, Cap. 59 states that a Will is revoked by the subsequent marriage of the testator.
How do I choose my Executor?
Choosing the right Executor when making a Will is a vital decision.
The duties and responsibilities of an Executor are difficult, demanding and time consuming.
A Executor should be aware of the legal responsibility that comes with the role. He/she must have some accounting and business knowledge and experience as these qualities are necessary to undertake the administration of an estate.
When it comes to choosing executors to administer your estate, it is better and safe to choose professional Executors such as trustee companies, qualified solicitors in private practice, accountants etc.
How can the Fiji Public Trustee help?
- The Fiji Public Trustee has built in reputation as experts in Will making and deceased estate administration and has over 40 years of experience.
- Presently, we hold over 4,000 Wills and we manage a total of 12,000 Estates and Trusts with a value over $30 million.
- We at Fiji Public Trustee take full responsibility in administering your valuable assets independently, professionally and in accordance with your wishes.
- We are a one stop shop for Will making Service and a secure and affordable Estate Administration and we are equipped to deal with any problems that may arise.
- Fiji Public Trustee has the necessary skills knowledge to assist and serve you when it comes to Will making and Estate Administration.
- We are an institution that survives indefinitely so we are always here when you need us.
- We provide independent and impartiality in managing disputes between families.
- We manage long term trusts created in your Will.
- We administer overseas assets.
Who can contest a Will?
A Will can be contested by any person who is related to you or who is financially dependent on you.
How much does it cost to make my Will with the Fiji Public Trustee?
It is cheap and widely affordable to the general public and is only $20.45 for choosing Fiji Public Trustee as your executor or$30.45 if appointing some else.