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30. How to apply for resealing of grants
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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30.   How to apply for resealing of grants

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    (1)   An application for the resealing of a grant of probate or letters of administration made under the resealing laws in force in a Member State     Anguilla, St. Christopher & Nevis     –     Probates (Resealing) Act, Cap. 62     Antigua & Barbuda     –     Probates (Resealing) Act, Cap. 344     Territory of the Virgin Islands     –     Probates (Resealing Act, Cap. 60     Dominica     –     Probates (Resealing Act, Ch. 9:02     Grenada     –     Probate Act, Cap. 255     Montserrat     –     Probates (Resealing) Act, Cap. 63     Saint Lucia     –     Civil Code of Saint Lucia, Cap. 4.01, Art. 1152, 1152A and 1152B     St. Vincent & the Grenadines     –     Probates (Resealing) Act, Cap. 492 may be made by —

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      (a)     the person to whom the grant was made; or

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      (b)     by the attorney-at-law of the person in paragraph (a) and shall be —

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        (i)     authorised by a notarised and authenticated power of attorney first recorded in the registry, and

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        (ii)     the power of attorney shall expressly contain authority to make such application.

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    (2)   The applicant shall advertise the application in Form P16 in a newspaper circulating in a Member State announcing his or her intention to reseal, and this advertisement must appear at least seven days prior to the filing of the application for resealing.

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    (3)   An application for resealing is made by filing at the registry —

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      (a)     an application on oath in Form P17;

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      (b)     the original grant, or a duplicate certified copy under the seal of the court of issue;

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      (c)     an official copy of a will to which it relates;

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      (d)     a copy of the advertisement under subrule (2);

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      (e)     where the application to reseal a grant is made more than three years after the death of the deceased, an affidavit explaining the delay;

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      (f)     a declaration and account of the estate of the deceased in Form P6, and in the case the Territory of the Virgin Islands Form P6A, limited to the property within the Member State in which the application for resealing is made;

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      (g)     an affidavit of facts setting out the place of execution of the will; and

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      (h)     where required by an enactment in a Member State —

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        (i)     the domicile of the testator at the time of execution of the will or at his or her death, as appropriate, and

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        (ii)     the habitual residence of the testator at the time of his or her death.

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    (4)   An application to reseal a grant of letters of administration shall be made in accordance with these Rules.

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    (5)   Special, limited or temporary grants are not to be resealed without an order of the Court.

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    (6)   Notice of the resealing of a grant shall be sent by the Registrar to the Court which issued the grant and the prescribed fee shall be paid by the applicant.

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    (7)   Except in the case of Saint Lucia, if it appears that the deceased was not at the time of his or her death domiciled within the jurisdiction of the Court which issued the grant, the grant may not be resealed unless it is a grant that would have been made by the Court.

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    (8)   Where the Court which issued the grant receives notice of the resealing of a grant, notice of an amendment or revocation of the grant shall be sent to the Court by which it was resealed.

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