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40. Grant of letters of administration where person entitled is mentally incapable

Revised Laws of Saint Lucia (2023)

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40.   Grant of letters of administration where person entitled is mentally incapable

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    (1)   This rule applies where the Court is satisfied that a person who would otherwise have been entitled to apply for a grant of letters of administration is by reason of mental incapacity incapable of managing his or her own affairs.

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    (2)   A grant may only be made under this rule if —

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      (a)     the absence of all persons entitled to apply for a grant in the same degree as the mentally incapable person have been accounted for; or

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      (b)     the Court otherwise directs.

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    (3)   A grant of letters of administration for the use and benefit of a mentally incapable person shall be limited until a further grant is made or in such other way as the Court directs, may be granted in the following order of priority —

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      (a)     to a person authorised under the Mental Health Act or any other statutory authority of a Member State     Eastern Caribbean Territories     –     Supreme Court Act, s. 7(2)     (save Dominica, St. Vincent &
           the Grenadines, the Territory
           of the Virgin Islands)     –     Mental Health Act, Cap. 131     Dominica     –     Mental Health Act, Ch. 40:62     Saint Lucia     –     Civil Code of Saint Lucia, Cap. 4.01, Art. 285-296     St. Vincent & the Grenadines     –     Mental Health Act, Cap. 294;

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      (b)     to the person entitled to the residuary estate of the deceased; or

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      (c)     to such person or persons as the Court by order directs.

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