Probate and Administration Ordinance

LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS Revised Edition 2001 CHAPTER XIII PROBATE AND ADMINISTRAnON ORDINANCE Arrangement of sections Section I. Citation 2. Interpre tation and applicat ion 3. Court to determine assets etc, 4. Notice to executors 5. inqumes 6. Revocation or alteration 7. Original will 8. Testamentary papers to be deposited in Court 9. lnlestacy 10 Several next-nr-kin 11 . Properly of in testate 10be vested in Courl u nlil adminislralion granted 12. Crow n to take uncl aimed estate 13. Registrar of Court may administer estates 14. Smail estates 15. Orders of performance of duties by executors oradmnustrators 16. Dislribution of Intestate estate 17. Penalty 18.lnlermeddltng 19. Money owing to a deceased person by the Island Council 20. Proced ure 21.Transitional provisions Fi rst Schedu le-Division of Intestate estates Second Schedule-TransItIonal ProvIsIons 241 12001 Ed. Probate andAdtuiuistrntion CAP.131 Ol1l1 l1~lIt:L'S: No.9 of 2000 Cnauon. lntc rprctatlon. jurlsdl t"llull ~1Il1 appllcatkm. CUlJI'llu(1(>ll'llllllll' ~""('I~('Il" . Nonce rucxccurors. lnq utrlcs . R CVUQI II UIi (I I ancrauon. Orll\l,,~lwlli. Tcs uncunry P~IX'IS h' he rlq...,.\ IK'li I.. CUUI'l. An ordinance to declare the law relating to probate, administration and intestate succesion [I st August 2000] 1.This ordinance may be cited as the Probate and Administration Ordinance. 2.-(1) In this ordinance "administration" means probate of the will ofa deceased person arul Includes letters uf adrnlnlstratlun of the estate of a deceased person, granted with or without a will annexed; "Court" means the Supreme Court; "estate" means the estate in the Islands ofa deceased inhabitant or former inhabitant thereof; "immovable property" shall include a chattel real; "intestate" means without having made a will; "Land and Estates Court" means the Land and Estates Court established by the Lands and Administration of Estates Ordinance No.2 of 1967 repealed upon the commencement of this ordinance. (2) Subject to this ordinance, the Supreme Court shall have exclusive. jurisdiction in all matters of probate, admini stration and intpstatp sllr rpssion in pstatps cornprixing movable or immovable property or both. (3) This ordinance shall have no application to the estate of any person who died on a date prior to the commencement of this ordinance. 3.The Court shall determine the assets and liabilities of the deceased and shall ascertain the value of the movable property comprised therein as correctly as the circumstances allow. 4.The Court may of its own motion or on the application of any person claiming an interest under a will give notice to the executors (If any) named therein to prove the will or to renounce probate by application to the Court. 5.The Court may refuse to issue probate or letters of administration until all inquiries which the Court sees fit to institute have been answered to its satisfaction. 6.Revocation or alteration of a grant of probate or administration may be made for reasons to be recorded. 7.Every U1iginal will which has been pro ved in the CUUl t shall be kept and filed in the Court. RAny persnn having the possasslnn or control of any 242 ICAP.1 3 Probate and Administration 2001 Ed.1 paper or writingof a deceased person being or purporting to be testamentary shall forthwith deliver the original to the Court and deposit it there. Any person failing or neglecting to do so for fourteen days after having knowledge of the death of the deceased shall be liable to such penalty not exceeding two hundred dollars as the Court may think fit to impose. 9.The Court in granting letters of administration shall proceed as far as may be as in cases of probate. 10.When administration is applied for by one or some only of the next-of-kin, there being other next-of-kin equally entitled thereto, the Court may require proof that notice of the application has been given to the other next-of-kin. l l.From the death of an intestate until administration be granted, his or her movable property shall be vested In the Court. 12.Ifwithin three years of the date of any estate having become vested in the Court as provided by section II of this ordinance, no claimantor other person has been found to be the next-of-kin to the deceased or to have established a right to the property, the proceeds of such estate shall become the property of the Crown. 13.The Registrar of the Court shall have power to administer estates and if so appointed by the Court shall act under the direction of the Courtand shall be indemnified thereby. 14.Where it appears to the Court that the assets of a deceased person do not exceed movable property to the value of two hundred dollars or immovable property comprising one section of house land or both such movable and immovable property, the Court may without any probate or letters of administration or other formal proceedings, after paying the debts of the estate from the proceeds of such movable property (if any) , transfer the nett assets of the estate to such person or persons as may be entitled and shall not be liable to any action or claim in respect of anything done under this ordinance. 15.The Court may of its own motion or on the application of any interested party or creditor issue a summons requiring the executors or administrators to show cause why an order for the administration of the property of the deceased should not be made. 16. The property of an intestate shall be divisible according to the First Schedule hereto. 243 Intestacy. ScVCl'aI IICXI-Hf- kl ll. Property (If rmcsrarc UI he vcsrcttn Cuun Willi ~<lllllllhll"lioll granted. Crown to lake uncrannoo estate. RCj( L~ lI'd l' (If Court Illayadmllll sici (", WIt'S. Small ('S1iI11' $. Q n1('1'SU[ pcrtonuaucc of dunes by CXCCU[OIS 01 aduunrsuarors. Dtsutburronof 11I11' slall' csrarc. 12001 Ed. Probate and Administration CAP.131 1III('I'lIl l 'l1f!IIIIj.\. MUlicy uwl llj.\ kl a f!l '(·pasl'l1 IX'ISUIi Ily Ill l ' Islallf! Couucu. PIUCl'l1UI'C. Transnlonal provtslous . 17.AllYperson who refuses or neglects to obey an order of the Court pursuant to this ordinance shall be liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding one hundred days or to both such fine and imprisonment. 18.Any person taking or dealing with the property of a deceased person before the Court has adjud icated thereon shall be liable to a fine not exceeding five hundred dollars recoverable by distress and the Court may in its discretion order such person to be prosecuted for theft. 19. Should the Island Council owe any money to a deceased person whether in the employ of the Council or not such money shall not be paid over until the estate has been ad judicated upon by the Court. 20.The Court shall exercise its j urisdiction in probate and administration under the provisions of this ordinance in accordance wilh procedure es tabllshed by rules uf Court to be made by the Chief Justice and until such rules have been made or so far as occas ion may require the Court shall observe as nearly as local circumstances permit the practice and procedure observed by and before courts of justice in England in the exercise of the corresponding jurisdiction. powers and authority 21.Transitional provisions consequent upon the repeal of the Lands and Administration of Estates Ordinance arc set out in the Second Schedule. 244 FIRST SCHEDULE DIVISION OF PROPERTY ON AN INTESTACY 3. Widow and parents Section 16 If the deceased die leaving The representatives of the deceased shull tuke in the followlng proportions I. Widow only All to widow 2. Widow and child or children One third of movable property and the wholeof any immovable property to widow. two thirds of movable property to children III equal shares. In the case of deceased children who have left i ~~IIP cnr-h i ~ ~II P ~ hH II take Pl1 l1H lly amongstthem their deceased parent 's share. All to widow 4. Widow, brothers and sisters All to widow 5. Widow, slbllngfs) All to widow 6. Husband with children All to husband 7. Husband without children All to husband 8. Father, brother(s)/sister(s) All to father 9. Mother, brother(s) /sister(s) All to mother 10. Mother but no other kin All to mother All to brothertsj/srsterts). I I. Child(ren) or grandchild(ren) Amongst children in equal shares, by deceased child(ren) the grandchildren by deceased children takingamongstthem their deceased parent's share. 12. Brothcr(s)/s istcr(s)/ ncp hcw(s)/ A mongst brothers or s isters in equal niece(s) shares, the children of deceased brothersor sisters taking amongst them their deceased parent"s share. All to brother(s)/sister(s).13. Brother(s)/sister(s) / grandparent(s) 14. Brot hertsj/ststertsj/ uncle(s)/aunt(s) 15. Grandparent(s) and no nearer All to grandparent(s). relation 16 Grandparent(s)/uncle(s)/ All to grandparentfs) auntfs) 17. Great-grandparent(s) All to great-grandparent(s) 245 12001 Ed. Probate and Adtuiuistrntion CAP.131 18. Great-grandparenttsl.unctefst/ All equally aunt(s) 19. Uncle(s)iaunt(s) All equally 20. Uncle(s)iaunt(s) and deceased All to uncle(s)iaunt(s) uncle or aunt's child(ren) 21. Cousins All equally SECOND SCHEDULE TRANSITIONAL PROVISIONS Section 2 1 1. The estate of any inhabitant or former inhabitant of the Islands who died prior to the date of the repeal of the Lands and Administration of Estates Ordinance which has not at the date o f that repeal been fully admi nistered and wound up shall continue to be administered and be wound up by the former Lands and Estates Court as though that ordinance had not been repealed. 2. Any difficulty or uncertainty in so continuing the admin istration of an estate may be referred by the President of the Court on application by any party; or on his or her own motion to the Supreme Court for determination and the opinion of the Supreme Court thereon shall be binding. 246