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Section II   Returns

Revised Laws of Saint Lucia (2022)

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Section II   Returns

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    654.   Every heir coming to a succession must return to the general mass all that he or she has received from the deceased by gift inter vivos, directly or indirectly; he or she cannot retain the gifts made nor claim the legacies bequeathed by the deceased, unless such gifts and legacies have been given him or her expressly by preference and beyond his or her share, or with an exemption from return. (Amended by Act 34 of 1956)

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    655.   The heir may nevertheless, by renouncing the succession, retain the gifts or claim the legacies made to him or her.

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    656.   A donee who at the time of the gift was not an heir, but who at the time when the succession devolves is entitled to succeed, is bound to return the gift, unless the testator has exempted him or her from doing so.

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    657.   Gifts and legacies made to the son of a person who, at the time when the succession devolves has become entitled to succeed, are subject to be returned.

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    The father coming to the succession of the donor or testator is bound to return them.

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    658.   A grandson coming to the succession of his grandfather is bound to return what has been given to his father, although he should renounce the succession of the latter.

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    659.   The obligation to return the gifts and legacies made during the marriage, either to the spouse who is entitled to succeed, or to the other spouse alone, or to both, depends upon the interest of the heir who is capable of succeeding and the advantage he derives therefrom, according to the rules respecting the effect of gifts and legacies made to the spouses during marriage in the articles relating to marriage covenants.

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    660.   Return is only made to the succession of the donor or testator.

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    661.   With the exceptions contained in the 2 following articles, whatever has been laid out for the establishment of one of the coheirs, or for the payment of his or her debts, must be returned.

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    662.   The expenses of nourishment, maintenance, education, and apprenticeship, the ordinary expenses of equipment, of weddings, and customary presents, are not subject to be returned.

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    663.   The same rule applies to the profits which the heir may have derived from agreements made with the deceased, if at the time at which they are made they do not confer an unfair advantage.

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    664.   The profits and interest of the things subject to be returned are due only from the day when the succession devolves.

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    665.   Returns are due only from coheir to coheir; they are not due to the legatees nor to the creditors of the succession.

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    666.   Returns may be effected either in kind or by deduction from the share of those bound to make them.

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    667.   The return of movable property is made by deduction alone.

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    668.   The return of money received is also made by deduction. In case of insufficiency, the donee or legatee is absolved from the return of money, by abandoning a proportionate value in the movable property, or in default of movable property, in the immovables of the succession.

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    669.   An immovable given or bequeathed, which has perished by a fortuitous event, and without the fault of the donee or legatee, is not subject to be returned.

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    670.   As to immovables, the donee or legatee may at his or her option return them in all cases, either in kind or by way of deduction according to valuation.

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    671.   If the immovable be returned in kind, the donee or legatee has a right to be reimbursed the expenditures made upon it; those which were necessary, conformably to the rules established by article 372, and those which were unnecessary, according to article 528.

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    672.   The donee or legatee must, on the other hand, account for the injuries and deteriorations which have diminished the value of the immovable returned in kind, if they result from his own act or from that of his representatives.

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    This rule does not apply if they have been caused by a fortuitous event, and without his or their participation.

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    673.   When the return is made in kind, if the immovable returned be hypothecated or encumbered, the co-partitioners may require the donee or legatee to discharge it from such hypothec or incumbrance; if he fail to do so, he can only return by way of deduction.

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    The parties may, however, agree that the return shall be made in kind. But this is effected without prejudice to the claims of the hypothecary creditors, which are charged in the partition of the succession to the party making the return.

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    674.   The coheir who returns an immovable in kind may retain possession of it until he is effectively reimbursed the sums due to him for disbursements and ameliorations.

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    675.   The immovables remaining in the succession are estimated according to their condition and value at the time of the partition.

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    Those which are subject to return, or which have been returned in kind, whether they have been given or bequeathed, are to be estimated according to their value at the time of the partition, and according to the condition in which they were at the time of the gift, or in the case of legacies, at the time when the succession devolved; regard being had to the provisions contained in the preceding articles.

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    676.   The movable things found in the succession, and those which are returned as being legacies, are estimated according to their condition and value at the time of the partition, and those which are returned as having been given, according to their condition and value at the time of the gift.

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