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Section III   The Administration of Tutors

Revised Laws of Saint Lucia (2021)

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Section III   The Administration of Tutors

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    250.   

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      (1)     A tutor has the care of the person of his or her pupil until his or her marriage and represents him or her in all civil acts.

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      (2)     He or she is entitled to the possession and control of all his or her property and is bound to manage it like a prudent administrator.

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      (3)     He or she can neither buy the property of his or her pupil, nor take it on lease, nor accept the transfer of any right or debt against his or her pupil.

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      (4)     He or she may, with the authorisation of the Court, continue an established business; but this power may be revoked at any time by order of the Court. (Substituted by Act 34 of 1956)

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    251.   A tutor as soon as his or her appointment is known to him or her, and before acting under it, must make oath to well and truly administer the tutorship.

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    252.    As soon as he or she has taken the oath, the tutor proceeds forthwith to the taking of an inventory of the property of the minor.

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    If anything is due to him or her by the minor, the tutor must declare it in the inventory, on pain of forfeiting his or her claim.

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    (Substituted by Act 34 of 1956)

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    253.    (Repealed by Act 34 of 1956)

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    254.   The tutor after discharging the debts and other liabilities must within a reasonable time invest whatever money remains in his or her hands or is subsequently received from the debtors of the minor. (Substituted by Act 34 of 1956)

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    255.   During the tutorship he or she must likewise invest the excess of the revenues over the expenses, as well as all capital sums which have been reimbursed and all other monies which he or she has received, or ought to have received; and this he or she must do within a delay of 6 months from the day when he or she had or ought to have had a sufficient sum, considering the means and condition of the minor, to form a suitable investment. (Amended by Act 34 of 1956)

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    256.   If the tutor has failed to make, within the delays, the investment required, he or she is bound to account to his or her pupil for interest on the sums which he or she ought to have so invested, unless he or she can establish that such investment was impossible or unless, on his or her application, the Judge or the Registrar has dispensed with the investment or prolonged the delays.

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    257.   Without the authorisation of the Judge or the Registrar, the tutor is not allowed to borrow for the minor, nor to alienate or hypothecate his or her immovable property; nor is he or she allowed to make over or transfer any capital sums belonging to the minor, or his or her shares and interest in any financial, commercial, or manufacturing joint-stock company.

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    258.   Such authorisation can only be granted in cases of necessity or for an evident advantage.

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    In the case of necessity, the Judge or Registrar grants his authorisation only when it is established by a summary account submitted by the tutor, that the monies, movable effects and revenues of the minor are insufficient.

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    In all cases the authorisation indicates what property is to be sold or hypothecated, and any conditions deemed expedient.

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    259–262   (Repealed by Act 34 of 1956)

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    263.   Gifts made to a minor may be accepted by his or her tutor, or a tutor ad hoc, or by his or her father, mother, or other ascendants.

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    264.   Actions belonging to a minor are brought in the name of his or her tutor. (Substituted by Act 34 of 1956)

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    Nevertheless, a minor of 14 years of age may bring alone actions to recover his or her wages.

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    He or she may also, with the authority of the Judge, bring alone all other actions arising from the contract for the hire of his or her personal services.

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    If he or she is sued, he or she may invoke alone the incapacity resulting from his or her minority.

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    265.   A tutor cannot demand the definitive partition of the immovable property of the minor, but he or she can, even without authorisation, defend an action of partition brought against such minor.

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    266.   A tutor cannot appeal from a judgment, until he or she is authorised by the Judge or the Registrar.

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    267.   A tutor cannot transact in the name of the minor unless he or she is authorised by the Court, the Judge or the Registrar. Accompanied by these formalities, transaction has the same effect as if made with a person of age.

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