2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

54.   How to apply for leave to swear death grant

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    (1)   Subject to subrule (4), in the case of St. Vincent and the Grenadines, an application for an order for leave to swear death must be made to the Court and must be supported by evidence on affidavit —

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      (a)     giving details of any policies of insurance effected on the life of the presumed deceased; and

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      (b)     the grounds for supposing the presumed deceased to be dead.

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    (2)   An order granting leave to swear death shall specify that on an application for the grant of the deceased's estate, that death may be sworn to have occurred on or since the date specified therein, being the date that the presumed deceased was last seen alive.

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    (3)   A person who seeks leave to swear death grant shall on obtaining an order under subrule (1) 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 rule 13, except that the oath shall include the following recitals —

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      (a)     that the deceased died on or since the date set out in the order;

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      (b)     that the applicant is unable to depose to the place of death, if that is the case; and

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      (c)     particulars of the order of the Court made under sub-rule (2).

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    (4)   In the case of disaster-related deaths for St. Vincent and The Grenadines, under section 32 of the Registration of Births and Deaths Act, Cap. 242, Revised Laws of St. Vincent and the Grenadines, no order is required for leave to swear death if the Court issues a death certificate under that section.