2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

52.   How to apply for a grant limited to part of an estate

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    (1)   An application for a grant of part of an estate may be made —

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      (a)     where the applicant is entitled to a grant in respect of part only of an estate; or

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      (b)     where a person entitled to the grant of a whole estate applies for a grant of part only of the estate.

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    (2)   An application for an order for a grant under subrule (1)(b) shall be made to the Court supported by evidence on affidavit —

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      (a)     setting out the grounds for the application;

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      (b)     stating whether the estate of the deceased is known to be insolvent; and

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      (c)     showing where applicable, how a person entitled to a grant of the whole estate in priority to the applicant has been cleared off.

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    (3)   An order is not required for a grant limited to property under subrule (1)(a).

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    (4)   A person who seeks a grant limited to property shall file at the registry the documents for a grant of probate under rule 8 or a grant of letters of administration under rule 9 or under rule 13 as the case may be, including —

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      (a)     the declaration and account of the estate in Form P6 and in the case of the Territory of the Virgin Islands Form P6A, limited to a description and the value of the property covered by the grant; and

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      (b)     the copy of the order made under subrule (2), if applicable.

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    (5)   An oath for a grant limited to property must include the following recitals —

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      (a)     particulars of the order where the application for the grant is made under subrule (1)(b);

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      (b)     if applicable, the terms of the will limiting the grant to the property to be covered by the grant;

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      (c)     that the applicant will collect, get in and administer according to law the real and personal estate of the deceased limited in any way as the Court directs.