Revised Laws of Saint Lucia (2021)

CHAPTER FOURTH
ADMINISTRATION OF SUCCESSIONS

(Substituted by Act 34 of 1956)

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   584.   In the case of persons dying on or after the 5^th day of April 1952 the following provisions of this Chapter shall have effect, and the other provisions of this Code relating to successions, whether intestate or testamentary, shall be read and construed subject thereto.

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   585.   In this Chapter, unless the context otherwise requires, the following expressions shall have the meanings herein assigned to them respectively, that is to say—

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      (a)     “Administrator” means a person or persons to whom letters of administration, whether general or limited or with the will annexed, have been granted under this Chapter;

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      (b)     “Chief Justice” means the Chief Justice of the Court;

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      (c)     “Common form business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probates and administrations through the Court in contentious cases when the contest is terminated, and the business of lodging caveats against the grant of probate or administration;

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      (d)     “Court” means the High Court;

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      (e)     “Intestate” includes a person who leaves a will but dies intestate as to some part of his movable or immovable property;

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      (f)     “Judge” means a Judge of the Court;

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      (g)     “Personal chattels” means carriages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes) garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate for business purposes nor money or securities for money;

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      (h)     “Personal representative” means the executor or executors named in a will or the administrator or administrators for the time being of a deceased person and as regards any liability for the payment of succession duty, includes any person who takes possession of or intermeddles with the property of a deceased person without the authority of the personal representative or the Court;

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      (i)     “Prescribed” means prescribed by the Code of Civil Procedure or by rules made under this Chapter;

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      (j)     “Purchaser” means a purchaser for money or money's worth;

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      (k)     “Solemn form” means the propounding of a will in an action by the executor or a person interested under the will, the persons prejudiced by the will being made parties thereto in order that the Court upon hearing evidence may pronounce on the validity of the will.

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   586.   

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      (1)     All movable and immovable property, comprising the testamentary succession or the intestate succession of a deceased person shall, notwithstanding any provisions of the will or of this Code relating to the devolution of such intestate succession, devolve to and become vested in the personal representative of the deceased.

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      (2)     Where a person dies an intestate, his or her movable and immovable property, until administration is granted in respect thereof, shall vest in the Chief Justice and Puisne Judges severally.

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      (3)     In every case where a person dies an intestate, it shall be lawful for the Court or a Judge thereof to appoint an administrator to administer the intestate succession of the deceased, and for that purpose the Court shall grant letters of administration to that administrator.

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      (4)     Administration, limited as to duration, powers or purposes, may be granted by the Court or a Judge, and it shall be lawful for the Court or a Judge to revoke any letters of administration for such cause as it or he may consider sufficient without, however, affecting the liability of the administrator to render an account of his or her intromissions up to the date of such revocation.

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      (5)     Letters of administration shall not be granted to more than 4 persons in regard to the same succession.

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      (6)     In granting letters of administration, the Court shall have regard to the rights of all persons interested in the succession or the proceeds thereof and to any prescribed provisions:

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   Provided that—

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      (a)     where the deceased died wholly intestate, administration shall be granted to some one or more persons interested in the residuary succession of the deceased, if they make application for the purpose; and

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      (b)     if, by reason of the insolvency of the succession of the deceased or of any other special circumstances, it appears to the Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this provision, would by law have been entitled to the grant of administration, the Court may, in its discretion, notwithstanding anything in this Chapter, appoint as administrator such person as it thinks expedient, and any administration granted under this provision may be limited in any way the Court thinks fit.

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   587.   Where all the persons entitled to the intestate succession of the deceased accept it unconditionally, the Court may for good cause decline to appoint an administrator of such succession, and in such case the provisions of this Chapter relating to administrators shall not apply and the Code shall have effect as if this Chapter had not been passed:

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   Provided, however, that the Court may in such case make a declaration in writing of the persons upon whom the succession devolved in the manner provided in article 606.

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   588.   Where an administrator of an intestate succession has been appointed by the Court, article 550 of this Code and every other provision thereof inconsistent with this Chapter shall have no effect.

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   589.   

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      (1)     If at the expiration of 12 months from the death of a person, any personal representative to whom representation has been granted is residing out of the jurisdiction of the Court, the Court may, on application of any creditor or person interested in the succession of the deceased, grant to such creditor or person interested special administration in the prescribed form of the movable and immovable property belonging to the succession.

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      (2)     The Court may, for the purpose of any legal proceeding to which the administrator under the special administration is a party, order the transfer into Court of any money or securities belonging to the succession of the deceased person, and all persons shall obey any such order.

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      (3)     If the personal representative capable of acting as such returns and resides within the jurisdiction of the Court while any legal proceeding to which a special administrator is a party is pending, such representative shall be made a party to the legal proceeding, and the costs of and incidental to the special administration and of any such legal proceeding shall be paid by such persons and out of such funds as the Court in which the proceeding is pending may direct.

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   590.   

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      (1)     Subject to the provisions of this Code, administration with the will annexed may be granted in every case where—

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         (a)     the testator has failed to appoint an executor; or

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         (b)     the executor or executors have all died or become incapable of fulfilling the duties of their office; or

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         (c)     the executor or executors have all refused or neglected to accept office; or

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         (d)     the executor or executors have all been removed by the Court; or

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         (e)     the testamentary succession is left without a representative from any other cause, and in every such case the administrator to whom letters of administration are granted shall have all the powers and duties of an executor named in a will.

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      (2)     This article applies whether the testator died before or after the 5^th day of April, 1952.

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   591.   

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      (1)     Where a minor is appointed or becomes sole executor of a will, administration with the will annexed shall be granted to his or her tutor, or to such other person as the Court thinks fit, until the minor attains the age of 18 years, at which time and not before, probate of the will may be granted to him or her. (Amended by Act 4 of 1988)

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      (2)     The appointment in a will by a testator of a minor to be an executor shall not operate to transfer any interest in the property of the deceased to the minor or to constitute him or her a personal representative for any purpose unless and until probate is granted to him or her after he or she has attained full age.

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   592.   

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      (1)     Every person to whom administration of an intestate succession is granted shall, subject to such limitations as may be contained in the grant, have all the rights, powers and obligations of and be accountable in like manner as if he or she were the executor of the will of a deceased person.

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      (2)     The personal representatives shall be the representatives for the time being of the deceased in regard to the property movable and immovable comprised in the succession of the deceased.

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      (3)     The personal representatives for the time being of a deceased person are deemed in law his or her heirs and assigns within the meaning of all trusts.

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   593.   

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      (1)     For the purposes of administration, the personal representatives shall have all the rights, powers and obligations conferred and imposed on an heir under this Code (but subject in the case of an administrator to such limitations as may be contained in the grant) and in particular shall have power—

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         (a)     to sell the movable and immovable property of the succession, so however, that, unless required for purposes of administration owing to want of other assets, personal chattels be not sold except for special reason;

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         (b)     to raise money by hypothec or otherwise.

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      (2)     Every contract entered into by a personal representative shall be binding on and enforceable against and by the personal representative for the time being of the deceased, and may be carried into effect, or be varied or rescinded by him or her, and in the case of a contract entered into by a predecessor, as if it had been entered into by himself or herself.

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      (3)     Nothing in this article shall affect the right of any person to require an assent or conveyance to be made.

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   594.   

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      (1)     Where an administrator of an intestate succession has been appointed by the Court or where probate of a will has been granted to an executor the heirs or legatees shall not be liable for the debts of the succession except to the extent of the property acquired by them by devolution or bequest or which becomes vested in them, or unless liable therefor otherwise than as such heirs or legatees: Provided that all the property of the succession of a deceased person shall be assets to be administered for the payment of all the just debts of such person.

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      (2)     If any person to whom any such beneficial interest devolves, or is given, or in whom any such interest vests, disposes thereof in good faith before an action is brought or process is sued out against him or her, he or she shall be personally liable for the value of the interest so disposed of by him or her, but that interest shall not be liable to be taken in execution in the action or under the process; saving however the right of the creditor of a duly registered hypothecary obligation to follow the property hypothecated.

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   595.   

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      (1)     The personal representative of a deceased person may, in the absence of any express provision to the contrary contained in the will of such deceased person, with the consent of the person entitled to any legacy or interest given by the deceased person or to a share in his or her residuary succession, or, if the person entitled is a person of unsound mind or a minor, with the consent of his or her curator, trustee, or tutor, appropriate any part of the residuary succession of the deceased in or towards satisfaction of that legacy or share, and may for that purpose value in the prescribed manner the whole or any part of the property of the deceased person in such manner as they think fit: Provided that before any such appropriation is effectual, notice of such intended appropriation shall be given to all persons interested in the residuary succession, any of whom may thereupon, within the prescribed time, apply to the Court, and such valuation and appropriation shall be conclusive save as otherwise directed by the Court.

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      (2)     In the case of immovable property, the production of sufficient evidence of an appropriation under this section shall, subject to the provisions of this Code, authorise the Registrar to register the person to whom the property is appropriated as proprietor of the said property, and the sufficiency of such evidence shall be determined by the Registrar, subject to any directions which may be given by a Judge.

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   596.   

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      (1)     The personal representative may, in lieu of conveying the immovable property or residuary immovable property of the succession of the intestate to any persons interested therein in undivided ownership, convey the same or any part thereof to each of several persons entitled in undivided ownership, in severalty by way of partition by deed or deeds under article 597.

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   Provided that the partition effected by such deed or deeds shall be with the consent of such persons as are sui juris and by order of the Court to be obtained on petition in the case of such as are minors or of unsound mind. In the absence of agreement among the persons entitled of full age as to any such conveyance by way of partition, it shall be lawful for the executor or administrator or any party entitled sui juris or the tutor of any minor or curator of any person of unsound mind entitled, to apply in the prescribed manner by petition for directions in respect of such proposed partition; and the Judge upon such petition shall have all the power of a judge on the hearing of an action for partition or for sale in lieu of partition.

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      (2)     The provision of this Article shall be deemed to have come into effect as from the 8th of August, 1984. (Substituted by Act 4 of 1988)

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   597.   

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      (1)     A personal representative may assent to the vesting in any person who (whether by legacy, devolution, appropriation or otherwise) may be entitled thereto, either beneficially or as a trustee or personal representative, of any immovable property or interest therein to which the testator or intestate was entitled, and which devolved upon the personal representative.

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      (2)     The assent shall operate to vest in that person the interest in the property to which the assent relates, and, unless a contrary intention appears, the assent shall relate back to the death of the deceased.

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      (3)     An assent to the vesting of immovable property shall be in writing, signed by the personal representative, and shall name the person in whose favour it is given and shall operate to vest in that person the immovable property to which it relates; and an assent not in writing or not in favour of a named person shall not be effectual to pass the property.

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      (4)     A conveyance of an immovable property by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all the debts, liabilities, funeral and testamentary or administration expenses, duties, and legacies of the deceased have been discharged or provided for.

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      (5)     An assent or conveyance given or made by a personal representative shall not, except in favour of a purchaser, prejudice the right of the legal representative or any other person to recover the property or interest therein to which the assent or conveyance relates, or to be indemnified out of such property or interest therein against any duties, debts, or liability to which such property or interest would have been subject if there had not been any assent or conveyance.

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      (6)     A personal representative may, as a condition of giving an assent or making a conveyance, require security for the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties, debt or liability if reasonable arrangements have been made for discharging the same; and an assent may be given subject to any charge by way of mortgage.

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      (7)     This article shall not operate to impose any stamp duty in respect of an assent.

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      (8)     It shall be the duty of the person in favour of whom the conveyance or assent has been made to cause the same to be registered in the Registry of Deeds and Mortgages within 2 weeks after the same has been made, and in default of registration he or she shall be liable to a penalty of $50 for every month it remains unregistered unless he proves to the satisfaction of the Court that the Notary who executed the assent or conveyance was supplied with funds for the purpose, and the Notary who has been supplied with funds for the purpose is also liable similarly to a like penalty on default.

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   598.   The validity of a conveyance of any interest in movable or immovable property made to a purchaser by a person to whom probate or letters of administration have been granted shall not be affected by any subsequent revocation or variation of the probate or administration.

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   599.   

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      (1)     Subject to the provisions of this Code, a personal representative shall administer the succession which by law devolved upon and vested in him or her and shall perform all his or her obligations with the least possible delay, and he or she shall thereafter, not later than one year from the date of the probate or letters of administration, distribute amongst the heirs or legatees, the property of the succession in accordance with the will of the deceased or the provisions of this Code relating to the devolution of successions.

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      (2)     If the succession has been fully and finally administered within a shorter period than one year from the date of the probate or letters of administration, the personal representative shall be bound to hand over the residuary succession to the person entitled thereto without waiting for the expiration of the year.

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      (3)     The Court or a Judge may extend the time for administering the succession beyond the year for such reasons as it or he or she may think sufficient.

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   600.   

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      (1)     An assent or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property to which the assent or conveyance relates, or any property representing the same, into the hands of the person in whom it is vested by the assent or conveyance, or of any other person (not being a purchaser) who may have received the same or in whom it may be vested.

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      (2)     Notwithstanding any such assent or conveyance the Court may, on the application of any creditor or other person interested,—

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         (a)     order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried out which the Court considers requisite for the purpose of giving effect to the rights of the persons interested;

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         (b)     declare that the person, not being a purchaser, in whom the property is vested is a trustee for those purposes;

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         (c)     give directions respecting the preparation and execution of any conveyance or other instrument or as to any other matter required for giving effect to the order;

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         (d)     make any vesting order, or appoint a person to convey in accordance with the provisions of this Code relating to trustees.

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      (3)     This article does not prejudice the rights of a purchaser or a person deriving title under him or her.

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   601.   

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      (1)     A personal representative before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the immovable property, and such possession shall not prejudicially affect the right of the personal representative to take or resume possession nor his power to convey the property as if he or she were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the property.

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      (2)     Any person who as against the personal representative claims possession of immovable property, or the appointment of a receiver thereof, or a conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof, may apply to the Court for directions with reference thereto, and the Court may make such vesting or other order as may be deemed proper, and the provisions of the Fourth Part of this Code (Trustees) relating to vesting orders and to the appointment of a person to convey, shall apply.

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      (3)     This article applies whether the testator or intestate died before or after the commencement of this Chapter.

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   602.   

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      (1)     In granting letters of administration to an administrator, the Court or a Judge may require the person to be appointed to give security by bond or otherwise for the due and faithful performance of his or her office in accordance with any prescribed provisions, or the Court may in lieu thereof direct that the whole or part of any money, or the proceeds of any property which will devolve upon or become vested in the person on his or her appointment, be deposited into Court.

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      (2)     When any money or the proceeds of any property are deposited into Court under paragraph (1) of this article, the administrator shall be entitled to have paid out to him or her from time to time all sums of money approved by the Court upon a statement of payments, disbursements and expenses lawfully payable by the administrator out of the succession, and any balance of such money or proceeds shall be paid out to the person or persons entitled thereto after the full and final administration of the succession.

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   603.   

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      (1)     The executor or other person interested under a will or other testamentary paper, or any person opposed thereto, may bring an action for the determination by the Court of the question whether the will or other testamentary paper is or is not, in whole or in part, valid as a testamentary instrument.

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      (2)     Any person having an interest in any testamentary or intestate succession may bring an action for the revocation of any probate or letters of administration obtained in common form on the ground that the will is invalid or that the grant was improperly obtained.

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      (3)     Any heir, legatee, creditor or other person interested in any succession may bring an administration action against a personal representative claiming—

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         (a)     an account of the dealings and intromissions of that personal representative with the succession and payment to him or her of whatever sum of money may be found to be due and payable by that personal representative;

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         (b)     damages for loss to the succession caused by conversion, waste or neglect on the part of the personal representative; or

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         (c)     any other relief to which the person bringing the action may in law be entitled.

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   604.   

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      (1)     The Court or a Judge may, at any time and from time to time, order—

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         (a)     any person to whom probate of a will has been granted, whether before or after the commencement of this Chapter in respect of a succession in which a minor is entitled to any property; or

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         (b)     any tutor to a minor, whensoever appointed, who is entitled to any property in any succession, to disclose to the Court or a Judge the state of the assets of the succession and to render into Court an account of his or her dealings with the succession up to a date specified in such order.

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      (2)     The Court or a Judge may, at any time and from time to time, order a personal representative or a tutor having in his possession any money falling to a minor under any succession, and notwithstanding any directions in any will or other instrument contained, to pay the whole sum or any part thereof into Court, and any such personal representative or tutor shall forthwith comply with any such order.

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      (3)     Every person who, being required to do any act or to comply with any order under this article, fails or neglects to do that act or to comply with that order shall be guilty of contempt of Court and be punished accordingly.

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      (4)     The Court or a Judge may, notwithstanding any directions in any will or other instrument contained, make such order as it or he may think fit for the payment of periodic sums to any person for the maintenance and education of a minor out of any money in Court belonging to such minor or in the hands of a personal representative.

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   605.   

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      (1)     Where any person dies effectively disposing of part only of his or her property, the provisions of this Code relating to the devolution of intestate successions shall have effect as respects the beneficial interests in that part of his or her property not so disposed of.

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      (2)     For the purposes of administering the whole succession, that part of the property not expressly disposed of shall vest in the personal representative executing the will of the deceased person and shall be liable for the debts of the deceased and the expenses of administration pro rata with that part effectively disposed of.

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   606.   With respect to any succession which before the 5^th day of April, 1952 vested in an heir in accordance with the provisions of this Code, it shall be lawful for the Court or a Judge, upon such evidence as it or he or she may think fit and in such form as may be prescribed to grant to the heir a declaration in writing to the effect that the succession of the deceased devolved upon and vested in him or her as the lawful heir.

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   607.   

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      (1)     The provisions of this Chapter bind the Crown with respect to successions vesting in it after the commencement of this Chapter, but nothing in this Chapter shall limit the time within which proceedings for taking possession of a succession devolving on the Crown by virtue of this Code may be taken.

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      (2)     Where property devolves upon the Crown by way of irregular succession under this Code, administration may be granted to and upon the application of any person nominated by the Governor General.

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      (3)     Nothing in this Chapter shall in any manner affect or alter the position of the Crown as regards successions already vested in the Crown.

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   608.   Whenever any person dies an intestate and the persons entitled as heirs have renounced their interest in the succession, or whenever the heirs or the executors of the will of any deceased person are absent from Saint Lucia and not represented therein, or whenever from any cause a succession is without a representative for 12 months after the death of a person, the succession of such deceased person shall, notwithstanding anything in any other law contained, vest in the Administrator General who shall administer the same and perform all the duties and have and enjoy all the rights, powers privileges attached by law to the office of an administrator appointed by the Court under this Chapter. The Court or a Judge may nevertheless on petition of a person interested appoint an administrator in the place of the Administrator General.

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   609.   

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      (1)     On the death of any person after the commencement of this Chapter, all causes of action subsisting against or vested in him or her shall survive against, or, as the case may be, for the benefit of, his or her succession:

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   Provided that this paragraph shall not apply to the following causes of action:

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      (a)     defamation;

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      (b)     seduction, or inducing one spouse to leave or remain apart from the other.

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      (2)     Where a cause of action survives as aforesaid for the benefit of the succession of a deceased person, the damages recoverable for the benefit of the succession of that person—

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         (a)     shall not include any exemplary damages;

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         (b)     in the case of a breach of promise to marry, shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;

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         (c)     where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his or her succession consequent on his or her death, except that a sum in respect of funeral expenses may be included.

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      (3)     No proceedings shall be maintainable in respect of a cause of action in delict or quasi-delict which by virtue of this article has survived against the succession of a deceased person, unless either—

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         (a)     proceedings against him or her in respect of that cause of action were pending at the date of his or her death; or

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         (b)     proceedings are taken in respect thereof not later than 6 months after his or her personal representative took out representation.

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      (4)     Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Chapter, to have been subsisting against him before his or her death such cause of action in respect of that act or omission as would have subsisted if he or she had died after the damage was suffered.

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      (5)     The rights conferred by this article for the benefit of the successions of deceased persons shall be in addition to and not in derogation of any right conferred on the dependants of deceased persons by the provisions of article 988, and so much of this article as relates to causes of action against the successions of deceased persons shall apply in relation to causes of action under the said article as it applies in relation to other causes of action not expressly excepted from the operation of paragraph (1) of this article.

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      (6)     In the event of the insolvency of a succession against which proceedings are maintainable by virtue of this article, any liability in respect of the cause of action in respect of which the proceedings are maintainable shall be deemed to be a debt provable in the administration of the succession, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.

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   610.   

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      (1)     The Chief Justice may make rules for carrying this Chapter into effect and in particular for regulating—

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         (a)     the practice and procedure for making application for the probate of wills and for letters of administration;

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         (b)     the practice and procedure for common form business in the Registry Office;

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         (c)     the registration of grants of probate and letters of administration issued outside Saint Lucia, and declaring the effect of such registration;

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         (d)     the practice and procedure in actions for pronouncing for or against the validity of a will, in administration actions and in actions for the revocation of probates and letters of administration; and

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         (e)     the forms to be used in connection with any practice or procedure.

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      (2)     Rules made under this article shall come into effect when approved by the Governor General and published in the Gazette.

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   611–631.   (Repealed by Act 34 of 1956)