2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

37.   Grant on behalf of a minor

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    (1)   If a person to whom a grant would otherwise be made is a minor, letters of administration for his or her use and benefit shall be limited until he or she attains the age of 18 years, and, shall unless otherwise directed, and subject to subrule (2) be granted in the following order of priority —

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      (a)     to the parents or parent of the minor jointly or severally;

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      (b)     to the statutory or testamentary guardian; or

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      (c)     to a guardian appointed by a court of competent jurisdiction.

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    (2)   The Court may by order, assign a person as guardian of the minor and the assigned guardian may obtain a limited grant for the use and benefit of the minor in accordance with subrule (1), in default of, or jointly with or to the exclusion of, a person described in subrule (1), and the intended guardian shall file an affidavit in support of his or her application to be assigned.

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    (3)   If there is only one person competent and willing to take a grant under subrules (1) and (2), that person may, unless the Court otherwise directs, nominate a fit and proper person to act jointly with him or her in taking the grant.

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    (4)   If the minor is a sole executor and has no interest in the residuary estate of the deceased, a grant of letters of administration for the use and benefit of the minor shall be limited until he or she attains the age of 18 years, and shall be granted to the person entitled to the residuary estate unless the Court otherwise directs.