(a) Where a testator dies after the effective date of this Code, and leaves surviving a husband or wife, a personal right of election is given to the surviving spouse to take his or her share of the estate as in intestacy, subject to the limitations, conditions and exceptions contained in this section. (1) In […]
(a) The court may authorize executors, administrators and trustees to adjust by compromise any controversy that may arise between different claimants to the estate or property in their hands to which agreement such executors, administrators or trustees and all other parties in being who claim an interest in such estate and whose interests are affected […]
Where personal property subject to any lien, mortgage or pledge is specifically bequeathed by will, the legatee must satisfy the lien, mortgage or pledge out of his own property without resorting to the executors of his testator unless there is in the will of such testator a direction, expressly or by necessary implication, that such […]
Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner: (1) It shall be subscribed by the testator at the end of the will. (2) Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall […]
The witnesses to any will shall write opposite to their names their respective places of residence; and every person who shall sign the testator’s name to any will by his direction shall write his own name as a witness to the will. Omission to comply with either of these provisions shall not affect the validity […]
A will executed without the Virgin Islands in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of the Virgin Islands, […]
A will of real or personal property, executed as prescribed by the laws of the Virgin Islands, or a will of real or personal property executed without the Virgin Islands in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, provided such will is in writing and […]
The right to have a will admitted to probate, the validity of the execution thereof, or the validity or construction of any provision contained therein, is not affected by a change of the testator’s residence made since the execution of the will.
(a) Whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child, so afterborn, unprovided for by any settlement, and neither provided for, nor in any way mentioned in such will, every such child […]
If any person shall be a subscribing witness to the execution of any will, wherein any beneficial devise, legacy, interest or appointment of any real or personal estate shall be made to such witness, and such will cannot be proved without the testimony of such witness, the said devise, legacy, interest or appointment shall be […]
All persons, except idiots, persons of unsound mind and persons under eighteen years of age, may devise their real property, by last will and testament, duly executed, according to the provisions of this chapter.
A child, born after the making of a will, who is entitled to succeed to a part of the real or personal property of the testator, or a subscribing witness to a will, who is entitled to succeed to a share of such property, may maintain an action against the legatees or devisees, as the […]
Whenever any estate, real or personal, shall be devised or bequeathed to a child or other descendant or relative of the testator, and such legatee or devisee shall die during the lifetime of the testator, leaving a child or other descendant who shall survive such testator, such devise or legacy shall not lapse, but the […]
The clerk of the district court, upon being paid the fees allowed therefor by law, shall receive and deposit in his office, any last will or testament of a resident of the Virgin Islands which any person shall deliver to him for that purpose, and shall give a written receipt therefor to the person depositing […]
A will delivered to the clerk of the district court for safe keeping shall be inclosed in a sealed wrapper, so that the contents thereof can not be read, and shall have indorsed thereon the name of the testator, his place of residence, and the day, month and year when delivered; and shall not, on […]
A will received by the clerk of the district court for safe keeping shall be delivered only— (1) to the testator in person; or, (2) upon his written order, duly proved by the oath of a subscribing witness; or, (3) after his death to the persons named in the indorsement on the wrapper of such […]
If a will has been deposited with the clerk of the district court for safe keeping and has not been delivered as provided in section 24 of this title, the clerk of the court, after the death of the testator, shall publicly open and examine the same, and make known the contents thereof, and shall […]
No will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to […]
A bond, covenant, or agreement made for a valuable consideration by a testator, to convey any property devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or bequest, subject to the same remedies on such […]
A charge or incumbrance upon any real or personal estate for the purpose of securing the payment of money or the performance of any covenant or agreement shall not be deemed a revocation of any will relating to the same estate previously executed. The devises and legacies therein contained shall pass and take effect subject […]
