2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

66.   Citation to accept or refuse or to take a grant

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    (1)   A person who would be entitled to a grant in the event of the citee renouncing his or her rights to a grant may issue a citation to accept or refuse a grant in Form P23 or Form P24, as the case may be.

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    (2)   Where power to make a grant to an executor has been reserved, a citation in Form P25, calling on him or her to accept or refuse a grant may be issued by —

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      (a)     the executors who have proved the will;

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      (b)     the survivor of such executors; or

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      (c)     the executors of the last surviving executor who has proved the will.

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    (3)   Where an executor has started to administer the estate of the deceased prior to obtaining probate, a citation in Form P26 calling on him or her to show cause why he or she should not be ordered to take a grant may be issued by a person interested in the estate.

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    (4)   A citation under subrule (3) may not be issued —

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      (a)     until 6 months have expired from the death of the deceased; or

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      (b)     while proceedings as to the validity of the will are pending.

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    (5)   A person served with a citation shall file an acknowledgment of service in Form P22 and shall serve a copy of that acknowledgment of service on the citor.

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    (6)   The time for filing and serving an acknowledgment of service is 28 days after service of the citation.

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    (7)   After filing an acknowledgment of service, a citee may apply to the Court for an order for a grant to himself or herself.

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    (8)   An application under subrule (7) may be made without notice, but must be supported by affidavit evidence.