2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

67.4   Determination of questions without administration claim

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    (1)   An executor, administrator or trustee may issue a claim for —

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      (a)     any relief; or

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      (b)     the determination of any question,

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    without bringing an administration claim.

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    (2)   The “determination of any question” includes any question —

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      (a)     arising in the administration of the estate of a deceased person;

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      (b)     arising in the execution of or under a trust;

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      (c)     as to the composition of any class of persons having a claim against —

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        (i)     a beneficial interest in the estate of a deceased person,

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        (ii)     any property subject to a trust, or

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        (iii)     the estate of a deceased person; and

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      (d)     as to the rights or interests of a person claiming to be —

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        (i)     a creditor of the estate of a deceased person,

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        (ii)     beneficially entitled under a trust, or

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        (iii)     entitled under a will or on the intestacy of a deceased person.

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    (3)   “Any relief” includes an order —

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      (a)     approving any sale, purchase, compromise or other transaction by a person in the capacity of executor, administrator or trustee;

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      (b)     directing any act to be done in the administration of the estate of a deceased person or in the execution of a trust, which the court could order to be done if the estate or trust were being administered or executed under the direction of the court;

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      (c)     directing a person to do or abstain from doing a particular act in the capacity of executor, administrator or trustee;

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      (d)     requiring an executor, administrator or trustee to furnish and verify accounts; or

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      (e)     requiring the payment into court of money held by a person in the capacity of executor, administrator or trustee.