A BVI will: Advantages of making a local will for BVI assets

Until the probate process is complete, a company may be facing a number of restrictions blocking its business:

• the shares cannot be transferred to the beneficiaries;
• the executor of the will cannot exercise voting rights attached to the shares, which potentially blocks any major corporate issues because the necessary quorum or majority of votes cannot be achieved; and
• the executor of the will cannot exercise the deceased’s powers as director (where the deceased was not only a shareholder, but also a director of a BVI company).

The BVI Probate Registry is more familiar with documents issued in that jurisdiction and so will rubberstamp them with fewer questions.

1. remove the need to obtain a Grant of Probate from the BVI court on the testator’s death. This is because shares in a BVI company are considered to be BVI assets for probate purposes, meaning that in that jurisdiction one needs a BVI Grant of Representation in order to transfer the shares to beneficiaries.
2. does not avoid forced heirship. The succession laws of the client’s country of domicile take precedence over a BVI will.

*The fees are valid as of August 2025.