2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

53.   How to apply for a grant durante absentia

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    (1)   An application for an order for a grant durante absentia may be made to the Court, and must be supported by evidence on affidavit stating —

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      (a)     details of the date and place of death of the deceased;

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      (b)     that the person to whom the grant was made is to the knowledge and information of the applicant residing out of the jurisdiction of the Court and has to date failed or neglected to administer the deceased's estate;

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      (c)     that a notice in writing of the intended application was posted, if that is the case, to the postal address of the grantee and that such grantee has failed or neglected to reply, or advertised in a newspaper of general circulation in the state;

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      (d)     if applicable, that notice in writing of the application was sent to the person or persons having a prior entitlement to the grant; and

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      (e)     that the applicant is entitled to apply for the grant, and if the applicant is a creditor, particulars and evidence of the deceased's indebtedness.

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    (2)   Where a person seeks a grant durante absentia, he or she shall on obtaining an order under subrule (1), file at the registry the documents for 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 grant; and

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      (b)     a copy of the order made under subrule (1).

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    (3)   An oath must include the following recitals —

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      (a)     details of the order made under subrule (1); and

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      (b)     that the applicant will collect, get in and administer, according to law, the real and personal estate of the deceased limited until the original grantee shall return to the jurisdiction of the High Court or in such other way as the Court directs.