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Section V   Collateral Successions

Revised Laws of Saint Lucia (2022)

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Section V   Collateral Successions

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    574.   If the father and mother of a person dying without leaving a spouse capable of inheriting or issue surviving, or one of them, have survived him or her, his or her brothers and sisters as well as his or her nephews and nieces in the first degree, are entitled to ½ of the succession. (Substituted by Act 34 of 1956)

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    575.   If both father and mother have previously died, the brothers, sisters, and nephews and nieces in the first degree, of the deceased succeed to him or her, to the exclusion of the ascendants and the other collaterals. They succeed either in their own right, or by representation as provided in the Second Section of this Chapter. (Substituted by Act 34 of 1956)

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    576.   The division of the half or of the whole of the succession coming to the brothers, sisters, nephews or nieces, according to the terms of the 2 preceding articles, is effected in equal portions among them, if they are all born of the same marriage; if they are the issue of different marriages, an equal division is made between the 2 lines paternal and maternal of the deceased, those of the whole blood sharing in each line, and those of the half blood sharing each in his own line only. If there are brothers and sisters, nephews and nieces on one side only, they inherit the whole of the succession to the exclusion of all the relations of the other line. (Substituted by Act 34 of 1956)

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    577.   

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      (1)     If the deceased, having left no spouse capable of inheriting nor issue surviving, nor father nor mother, nor brothers, nor sisters, nor nephews, nor nieces in the first degree leave ascendants in one line only, the nearest of such ascendants takes ½ of the succession, the other half of which devolves to the nearest collateral relation of the other line.

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      (2)     If in the same case, there are no ascendants, the whole succession is divided into equal portions one of which devolves to the nearest collateral relation of the paternal line, and the other to the nearest of the maternal line.

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      (3)     Among collaterals, saving the case or representation, the nearest excludes all the others; those who are in the same degree partake by heads. (Substituted by Act 34 of 1956)

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    578.   Relations beyond the twelfth degree do not inherit.

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    In default of relations within the heritable degree in one line, the relations of the other line inherit the whole.

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