2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules – Section 17 (Statutory Instrument 104/2017)

Statutory Instrument 104/2017 .. in force 1 October 2017

ARRANGEMENT OF RULES

1.Citation
2.Interpretation
3.Application
4.Forms
5.To whom and where applications are to be made
6.Who can make an application
7.Hearing of applications
8.How to apply for a grant of probate
9.How to apply for letters of administration with will annexed
10.Order of priority for grant where deceased left a will
11.How to apply for a grant of probate of a notarial will in Saint Lucia
12.How to apply for letters of administration in case of a minority or a life interest where person dies intestate
13.How to apply for a grant of letters of administration
14.Order of priority in case of intestacy
15.Advertisement of application for a grant of probate or letters of administration
16.How to apply for small estate grants
17.Evidence as to due execution of will
18.Marking and exhibiting of will
19.Rectification of will
20.Engrossment of will
21.Will in custody of foreign court or official
22.Affidavits
23.Renunciation of probate and administration
24.Retraction of renunciation of probate and administration
25.Notices and consents
26.Joinder of administrator
27.Grants to a corporation
28.Grants where deceased died domiciled outside the jurisdiction of the Member State
29.How to apply for a grant in respect of the estate of a person who died domiciled outside the jurisdiction of a Member State
30.How to apply for resealing of grants
31.Amendment and revocation of a grant
32.Application for fresh grant after revocation
33.Limited and special grants
34.How to apply for a grant to an attorney
35.Grant of letters of administration to consular officer
36.How to apply for a grant of letters of administration to a consular officer
37.Grant on behalf of a minor
38.Grant where minor is a co-executor
39.How to apply for a grant on behalf of a minor
40.Grant of letters of administration where person entitled is mentally incapable
41.How to apply for a grant for use and benefit of a mentally incapable person
42.How to apply for a grant for a physically incapable person
43.Lost will or oral will grants
44.How to apply for a lost will grant
45.Grant of letters of administration under the discretionary powers of the Court
46.How to apply for a grant of letters of administration under the discretionary powers of the Court
47.Emergency grants
48.How to apply for an emergency grant
49.Grants pending suit
50.How to apply for a grant of letters of administration pending suit
51.Determination of probate action
52.How to apply for a grant limited to part of an estate
53.How to apply for a grant durante absentia
54.How to apply for leave to swear death grant
55.Second and subsequent grants
56.How to apply for a grant de bonis non administratus
57.How to apply for a cessate grant
58.How to apply for a double probate grant
59.Duty of the Court on receiving an application for a grant of probate or letters of administration
60.Action after grant is made
61.Entry, duration and renewal of caveat
62.Warning to caveat
63.Expiry of caveat
64.Probate Actions
65.Citations
66.Citation to accept or refuse or to take a grant
67.Acknowledgment of citation to accept or refuse or take a grant, then default
68.Default of acknowledgment of service of citation to accept or refuse or take a grant
69.Citation to propound a will
70.Acknowledgment of service of citation to propound a will, then default
71.Default of acknowledgment of service of citation to propound a will
72.Affidavit of service to citation
73.Application for an order to attend for examination or for summons to bring in will
74.Fees
Schedule

Commencement [1 October 2017]