2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

57.   How to apply for a cessate grant

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    (1)   An application for a cessate grant is made in circumstances where a previous grant has ceased to be effective.

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    (2)   Subject to subrule (4), a person who seeks a cessate grant shall file at the registry the usual papers for a grant of probate under rule 8 or a grant of letters of administration under rule 9 or rule 13, including —

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      (a)     the original grant or if the original grant is not available, a filed copy of the grant;

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      (b)     an official copy of the original will marked by the second grantee and the person before whom the oath is sworn; and

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      (c)     a declaration and account of the estate limited to a description and value of the property to be administered by the second grantee in Form P6, and in the case of the Territory of the Virgin Islands in Form P6A.

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      (d)     the circumstances relevant to the ceasing to operate of the former grant;

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      (e)     that the second grantee will collect, get in and administer according to law the real and personal estate of the deceased; and

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      (f)     the gross value of the unadministered estate to be covered by the grant.

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    (4)   Where an application is made for a cessate grant —

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      (a)     if the deceased died testate, an affidavit of due execution is not required to be filed with the application; and

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      (b)     the death certificate of the deceased in respect of whose estate the application is made is not required to be filed.