2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

9.   How to apply for letters of administration with will annexed

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    (1)   Except in the case of a notarial will in Saint Lucia, a person who seeks a grant of letters of administration with will annexed, shall file at the registry —

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      (a)     an application for a grant of letters of administration with will annexed in Form P1 except in the case of Saint Lucia which shall be done in accordance with Part Sixth, Article 1015 of the Code of Civil Procedure, Cap. 243 of the Revised Laws of Saint Lucia 1957;

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      (b)     a certificate of search confirming that —

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        (i)     no other grant has been issued,

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        (ii)     no other application for a grant has been made, and

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        (iii)     no caveats have been filed;

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      (c)     an oath in Form P4;

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      (d)     the will marked in accordance with rule 18(1);

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      (e)     a certified copy of the death certificate or in the absence of the death certificate, an affidavit together with the burial certificate or other relevant document to the satisfaction of the Court;

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      (f)     an affidavit of due execution of the will of the deceased in the form and manner prescribed by rule 17(1), or where the circumstances so require an affidavit in the form prescribed by rule 17(2) to (6), as appropriate;

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      (g)     a declaration and account of the estate of the deceased in Form P6 and in the case of the Territory of the Virgin Islands Form P6A;

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      (h)     the appropriate affidavit under rule 22, if required;

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      (i)     a certificate from the Comptroller of Inland Revenue that the duty has been paid or a letter stating that satisfactory arrangements have been made for the payment of duty, where an enactment in the Member State requires payment of stamp duty, estate duty or succession duty; and

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      (j)     a certified copy of the birth certificate and marriage certificate of the applicant;

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      (k)     an oath in Form P5, accounting for all persons entitled to a grant in priority to him or her;

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      (l)     the consent of all persons entitled under paragraph (k), unless —

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        (i)     good reasons are shown for dispensing with such consent; or

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        (ii)     subject to rule 25, a person is entitled in the same degree of priority.