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Section VI   Testamentary Executors

Revised Laws of Saint Lucia (2021)

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Section VI   Testamentary Executors

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    841.   A testator may name one or more testamentary executors, or provide for the manner in which they shall be appointed. He or she may also provide for their successive replacement.

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    Heirs, legatees, and women may lawfully be appointed testamentary executors.

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    Creditors of the succession may be executors without forfeiting their claims.

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    The Court and Judges cannot appoint or replace testamentary executors, except in the cases specified in article 860.

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    (Amended by Act 34 of 1956)

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    842.   Married women no longer require the consent of their husbands to accept or continue the exercise of testamentary executorship. Their husbands are not, as such, liable for their administration. If they are married in community, their administration does not affect the property of the community. (Substituted by Act 34 of 1956)

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    843.   Minors cannot act as testamentary executors, even with the authorisation of their tutors. (Amended by Act 34 of 1956)

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    844.   The incapacity of corporations to be executors is declared in the first part.

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    Persons who compose a corporation, or such persons and their successors, may be appointed to execute wills in their purely personal capacity, and may act in that behalf if such appear to have been the intention of the testator, although he or she may have designated them solely by the appellation which belongs to them in their corporate capacity.

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    The same rule applies to persons designated by the title which belongs to their office or position, and to their successors.

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    845.   Subject to the preceding provisions, persons who cannot contract cannot be testamentary executors.

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    846.   No person can be compelled to accept the office of testamentary executor.

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    Its duties are performed gratuitously, unless the testator has provided for their remuneration.

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    If a legacy made in favour of a testamentary executor have no other cause than such remuneration, and he or she do not accept the office, the legacy lapses by reason of the failure of the condition.

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    If he or she accepts the legacy thus made, he or she is presumed to have accepted the executorship.

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    Testamentary executors are not bound to be sworn; nor to give security, unless they have accepted with that condition. They may, however, be required by the Court to give security on the demand of any person interested.

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    847.   A testamentary executor who has accepted the office cannot renounce it without the authorisation of the Court or Judge. Such authorisation may be granted for sufficient cause, the heirs, legatees and other executors, if there be any, being present, or having been duly summoned.

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    Difference of opinion between an executor and the majority of his or her co-executors, as to the performance of their duties, may constitute a sufficient cause.

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    848.   If several testamentary executors have been appointed, and some of them only, or even one of them alone, have accepted, they or he or she may act alone, unless the testator has otherwise ordained.

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    In like manner, if several have accepted, but some or one only of them survive, or retain the office, they or he or she may act alone until the others are replaced, in the cases admitting of it, unless the testator has expressed himself or herself to the contrary.

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    849.   If probate have been granted to several joint testamentary executors, who have the same duties to perform, they have all equal powers and must act together, unless the testator has otherwise ordained.

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    Nevertheless if any of them be absent those who are in the place may perform alone acts of a conservatory nature and others requiring dispatch.

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    The executors may also act generally as attorneys for each other, unless the intention of the testator appears to the contrary, and subject to the responsibility of the one who grants the power. The executors cannot delegate their duties generally to others than their co-executors, but they may be represented by attorney for determinate acts.

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    Executors exercising these joint powers, are jointly and severally bound to render one and the same account, unless the testator has divided their functions and each of them has kept within the scope assigned to him or her.

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    They are responsible only each for his or her share for the property of which they took possession in their joint capacity, and for the payment of the balance due, saving the distinct liability of such as are authorised to act separately.

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    (Amended by Act 34 of 1956)

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    850.   The expenses incurred by the testamentary executor in the fulfilment of his or her duties are borne by the succession.

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    851.   A testamentary executor may, before the probate of the will, perform acts of a conservatory nature or which require dispatch, provided he or she obtains such probate without delay, and furnishes proof of it when required.

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    852.   The testator cannot limit the obligation incumbent upon the executor of making an inventory and rendering an account of his or her administration.

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    853.   If, having accepted, a testamentary executor refuse or neglect to act, or dissipate or waste the property, or otherwise exercise his or her functions in such a manner as would justify the dismissal of a tutor, or if he or she has become incapable of fulfilling the duties of his or her office, he or she may be removed by the Court.

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    854.   (Repealed by Act 19 of 1949)

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    855.   The testamentary executor must cause an inventory to be made after notifying the heirs, legatees, and other interested persons to be present. He may however perform immediately all acts of a conservatory nature or which require dispatch.

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    He attends to the obsequies of the deceased.

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    He procures the probate of the will and its registration when necessary.

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    If the validity of the will be contested he may become a party to support it.

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    He pays the debts and discharges the particular legacies, with the consent of the heir or of the legatee who receives the succession, or, after calling in such heir or legatee, with the authorisation of the Judge.

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    In the case of insufficiency of monies for the execution of the will, he or she may, with the same consent, or with the same authorisation, sell movable property of the succession to the amount required. The heir or legatee may however prevent such sale by tendering the amount required for the execution of the will.

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    The testamentary executor may receive the debts due and may sue for their recovery.

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    He or she may be sued for whatever falls within the scope of his or her duties, but has the right to make the heir or legatee a party to the suit.

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    856.   The powers of a testamentary executor do not pass by mere operation of law to his or her heirs or other successors, who are however bound to render an account of his or her administration and of whatever they may themselves have actually administered.

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    857.   The testator may, with the limitation specified in article 852, modify, restrict or extend the powers, the obligations, and the seizin of the testamentary executor, and the duration of his or her functions. He or she may constitute the testamentary executor an administrator of his property, in whole or in part, and may even give him or her the power to alienate it with or without the intervention of the heir or legatee, in the manner and for the purposes determined by himself or herself. (Amended by Act 34 of 1956)

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    858.   (Repealed by Act 34 of 1956)

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    859.   The testator may provide for the replacing of testamentary executors and administrators, whether by directly naming and designating those who shall replace them himself or herself, or by giving them power to appoint others in their place, or by indicating some other legal method of appointment.

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    860.   If the testator desire that the appointment or the replacement should be made by the Court or Judge, the powers necessary for such purpose may be exercised judicially, the heirs and legatees interested being first duly notified. (Amended by Act 34 of 1956)

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