2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

21.7   Proceedings against estate of deceased person

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    (1)   If in any proceedings it appears that a deceased person was interested in the proceedings but the deceased person has no personal representatives, the court may make an order appointing someone to represent the deceased person's estate for the purpose of the proceedings.

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    (2)   A person may be appointed as a representative if that person —

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      (a)     can fairly and competently conduct proceedings on behalf of the estate, whether or not an application for a grant of representation has been made or is likely to be made; and

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      (b)     has no interest adverse to that of the estate of the deceased person.

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    (3)   The court may make such an order on or without an application either with the consent of the person to be appointed or on notice to that person where there is no consent.

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    (4)   Until the court has appointed someone to represent the deceased person's estate, the claimant may take no step in the proceedings apart from applying for an order to have a representative appointed under this rule.

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    (5)   A decision in proceedings in which the court has appointed a representative under this rule binds the estate to the same extent as if the person appointed were an executor or administrator of the deceased person's estate.