GUYANA-Government amending legislation making it easier for common law spouses to access their dead partner’s estate.

GEORGETOWN, Guyana, CMC- The Guyana government has tabled legislation allowing common-law spouses to access their deceased partner’s estate.

Attorney General and Minister of Legal Affairs Anil Nandlall said the Deceased Persons Estate Administration Amendment Bill 2024 alleviates financial strains on families during difficult times, ensuring that smaller estates can be managed more efficiently and without unnecessary bureaucratic delays.

Speaking on his weekly program “Issues in the News” on Tuesday night, Nandlall said that under current law, when an individual passes away, the assets are placed into an estate, and the management and distribution of the estate would typically require a legal process.

He said if the deceased left a will, an executor must apply for probate to manage the estate according to the will’s directives. However, if no will exists, a person must apply for letters of administration to manage and distribute the estate’s assets.

Nandlall said that previously, only legal spouses had the authority to apply for letters of administration. The amendments are intended to extend this right to common-law spouses, acknowledging their role in the lives of the deceased.

Additionally, if no spouse is available, a child or a sibling can apply for letters of administration. One notable change in the bill addresses the financial burden associated with estate administration.

In the past, small estates often left limited funds that were insufficient to cover the costs of probate or administration.

In a bid to address this issue, two years ago, legislation was amended to increase the threshold to GUY$750,000 (One Guyana dollar = US$0.004 cents), allowing beneficiaries to access these funds without needing letters of administration. However, this provision was limited to bank accounts, leaving other assets like credit union funds or final salaries unaffected.

The latest amendment seeks to rectify this by expanding the GUY$ 750,000 threshold to include all holdings, not just bank accounts. This change will enable beneficiaries to access funds from various sources, such as credit unions or unpaid wages, without undergoing the lengthy and often costly probate process.