2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

59.   Duty of the Court on receiving an application for a grant of probate or letters of administration

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    (1)   A grant of probate or letters of administration shall not be made until the application has been published for 2 successive weeks in a newspaper in general circulation in a Member State, and thereafter, not until the expiration of a further 7 days from the date of the last publication, unless the Court otherwise directs.

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    (2)   The Court shall not issue a grant until all inquiries which it considers necessary to make have been satisfactorily answered.

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    (3)   The Court may require the person applying for a grant to issue a witness summons to a person who may be able to assist the Court carrying out its duty under subrule (2).

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    (4)   Where an affidavit of due execution is not available from one of the attesting witnesses as required by rule 17, the Court may require notice of the application to be given to a person who may be prejudiced by the grant.

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    (5)   Except in the case of a notarial will, where the Court after considering the evidence, is satisfied that a will was not executed, it shall refuse a grant of probate and mark the will.