Revised Laws of Saint Lucia (2023)

2.   Powers of consular officers in relation to property in Saint Lucia oF deceased persons

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   (1)   Where any person who is a national of a State to which this section applies is named as executor in the will of a deceased person disposing of property in Saint Lucia or is otherwise a person on whom a succession has devolved under the provisions of the Civil Code of Saint Lucia, then if the court is satisfied, on the application of a consular officer of the said State, that the said national is not resident in Saint Lucia, and if no application for a grant of such representation is made by a person duly authorised by power of attorney to act for him or her in that behalf, the court shall make to that officer any such grant of representation to the estate of the deceased as would be made to him or her if he or she were so authorised as aforesaid.

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   However, the court may, if it thinks fit, postpone the making of a grant by virtue of this section during such period as the court considers appropriate having regard to the circumstances of the case.

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   (2)   Where any person who is a national of a State to which this section applies—

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      (a)     is entitled to payment or delivery of any money or property in respect of any interest in the estate of a deceased person, or vesting in possession on the death of any person, or is entitled to payment of any money becoming due on the death of any person; or

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      (b)     is a person to whom any money or property comprised in the estate of a deceased person may be paid or delivered under any enactment, rule or regulation, whether passed or made before or after the commencement of this Act, authorising the payment or delivery of such money or property without representation to the estate of the deceased being granted,

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   then if the said national is not resident in Saint Lucia, a consular officer of that State shall have the like right and power to receive and give a valid discharge for any such money or property in Saint Lucia as if he or she were duly authorised by power of attorney to act for him or her in that behalf.

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   However, a person shall not be authorised or required by this subsection to pay or deliver any money or property to a consular officer if it is within his or her knowledge that any other person in Saint Lucia has been expressly authorised to receive that money or property on behalf of the said national.

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   (3)   A grant of administration made by virtue of this section may be made to the consular officer by his or her official title, and to his or her successors in office; and where a grant is so made, the office of administrator, and all the estate, rights, duties and liabilities of the administrator (including liabilities under the administration bond) shall be vested in and imposed on the person holding the office, and no fresh grant shall be required by reason only of the death or vacation of office of the person to whom the grant was made or in whom it is vested as aforesaid.

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   However, nothing in this subsection shall affect any limitation contained in the grant, or any power of the court to revoke the grant.