Wills, probate and inheritance in The Gambia

Making a will or dealing with an estate?

Solie Law Chambers assists with wills, probate, administration and inheritance questions in The Gambia. Planning your own affairs and dealing with a deceased person’s estate require different information, but both begin with the family circumstances, assets and applicable law.

Tell us whether you want to prepare a will, review existing arrangements, obtain authority to administer an estate or resolve a disagreement. Identify any relatives, representatives or assets in another country from the outset.

What should you prepare before making a will?

Make an inventory of the property, accounts, business interests and other assets you want the advice to cover. Record how each asset is owned and any associated loans or obligations. A document in your possession may concern jointly held property or an asset owned by a company, so ownership needs to be understood before drafting.

Prepare the names and circumstances of the people you wish to provide for and anyone you would like to administer the estate. Explain any dependants, family concerns or particular gifts you have in mind. The legal review should establish how those wishes can be addressed under the law applicable to your circumstances.

Bring any existing wills or related documents into the review. Drafting, signing and storage arrangements should be considered together, with a clear record of where the completed original can be found.

Can one will deal with assets in different countries?

Cross-border planning needs coordination. An overseas will should be reviewed before assuming that it deals effectively with Gambian property, and a new will should be considered alongside any document already made elsewhere.

Identify the countries involved, where the assets are located and which advisers are already acting. Explain whether the intention is to replace an existing will or to make a document for particular assets. The wording should be checked so that one document does not unintentionally undermine another.

For a new property purchase or business investment, discuss ownership and succession together. Our trust and family asset-planning guidance explains the questions about purpose, control, costs and suitability.

What should the family do first after a death?

Locate any will, death certificate and existing court or administration documents. Prepare an initial list of assets, debts, family members and the people currently holding property or records. Keep a record of expenses and payments connected with the estate.

The next question is who has legal authority to act and which procedure is required. Being a relative, holding keys or being named to receive an asset does not answer every question about authority to transfer it. Obtain advice before distributing assets or signing a sale on behalf of the estate.

If property is at risk, rent is being collected or an urgent payment is requested, explain the immediate issue separately so that the necessary preservation steps can be considered.

What is the Curator of Intestate Estates’ role?

The Ministry of Justice describes the Curator of Intestate Estates as administering estates in specified circumstances, including intestacy and some cases involving a will. Its published process involves gathering details of the deceased, beneficiaries and assets, supporting certificates, public notice and an application for court authority.

The documents listed include evidence of death, children’s birth certificates and marriage evidence where relevant, with alternative sworn evidence addressed where certificates are unavailable. The procedure appropriate to a particular estate needs to be established before an application is prepared.

Ask for a timetable based on the actual stage of the matter. A notice period is only one part of administration; it is not a promise that the whole estate will be completed within that period.

Who inherits, and what if the family disagrees?

Inheritance advice requires the family details, any will, the ownership of the assets and the law applicable to the deceased’s circumstances. Avoid assuming a universal division between a spouse and children or relying on an informal family calculation.

A disagreement may concern the validity or meaning of a will, someone’s entitlement, ownership of an asset or the conduct of administration. Keep the relevant documents and a dated account of the dispute. Explain whether an application is pending or an asset is about to be sold.

The firm can review the issue and discuss the available response, including negotiation or proceedings where appropriate. An estate’s value and its outstanding debts also affect the practical decisions to be made.

Can relatives or representatives act from overseas?

Start with a summary of your relationship to the deceased, where you live and the stage reached. The firm can identify the certificates and other records needed for the next step and consider whether a power of attorney or other authority is appropriate for a particular task.

Agree the work in stages where useful: initial review, obtaining authority, dealing with assets and addressing any dispute. Discuss legal fees and separate expenses against that scope, including any work needed in another country.