Revised Laws of Saint Lucia (2021)

Section VI   Other Successions

  1.  

    579.   

    1.  

      (1)     If the deceased being a single man or a single woman dies leaving children his or her succession falls to them in equal shares.

    1.  

      (2)     If the deceased, being a single man or a single woman born out of wedlock, dies leaving no children but leaving a mother his or her succession falls to the mother.

    1.  

      (3)     If the deceased, being a single man or a single woman born out of wedlock, dies leaving neither children nor mother but leaving brothers and sisters of the maternal line his or her succession shall be divided between the brothers and sisters as aforesaid in equal shares. If any brother or sister in the maternal line does not survive the deceased the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased person survives him or her, take in equal shares the share that his or her mother or father would have taken if she or he had survived the deceased.

    1.  

      (4)     If the deceased, being a single man or a single woman born out of wedlock, dies leaving neither children nor mother nor brother nor sister the succession shall be divided in equal shares among the children of the brothers and sisters of the maternal line.

    1.  

      (5)     If the deceased, being a single man or a single woman born in wedlock, dies leaving no children the succession shall be divided in the manner specified in Section IV and Section V of this Chapter.

    1.  

      (6)     In this article—

      1.  

        (a)     “single woman” includes a widow, a married woman living apart and separated from her husband and also a divorced woman; and

      1.  

        (b)     “single man” means a man who has never been married. (Substituted by Act 4 of 1988)

    1.  

      (7)     For the purposes of this Article, a person shall be regarded as a child of the deceased if:

      1.  

        (a)     he or she, at any time was a member of the deceased's household as his or her child;

      1.  

        (b)     there is or was in relation to him or her, a maintenance order against the deceased as his or her putative father under the Affiliation Act;

      1.  

        (c)     the name of the deceased appears as his or her father on his or her Birth Certificate;

      1.  

        (d)     the deceased in his lifetime contributed to his or her maintenance as his or her father;

      1.  

        (e)     the deceased has been adjudged by a court of competent jurisdiction to be his or her father;

      1.  

        (f)     the deceased in his lifetime consented to that person assuming the surname of the deceased as his father; or

      1.  

        (g)     the person at the instance of the deceased assumed the surname of the deceased as his or her father evidenced by a deed poll pertaining to a notice change of name.

      1.  

        (Amended by Acts 4 of 1988 and 12 of 1991)

  1.  

    580.   In default of any person succeeding to the estate of the deceased under this Chapter the succession of the deceased shall fall to the Crown. (Substituted by Act 4 of 1988)

  1.  

    581.   The Crown must demand possession from the Court and the suit is prosecuted and adjudicated upon in the manner and according to the forms determined in the Code of Civil Procedure. (Substituted by Act 4 of 1988)

  1.  

    582.   Whenever the prescribed rules and formalities have not been complied with the heirs, if any appear, may claim an indemnity, and even damages according to the circumstances for the consequent losses incurred. (Substituted by Act 4 of 1988)

  1.  

    583.   (Repealed by Act 4 of 1988)