Administration of Small Estates Act (Cap. 9:06)

ADMINISTRATION OF SMALL ESTATES ACT CHAPTER 9:06 Act 26ofl958 Amended by 10£1973 200£1978 190£1981 CurrentAuthorised Pages Pages Authorised (inclusive) byL.R.a. 1-5 111991 L.R.a.111991 Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. CHAPTER 9:06 ADMINISTRATION OF SMALL ESTATES ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Application for grant of leiters of administration. 4. Grant of probate. 5. Duties and powers of Registrar. 6. Investigation and report by Registrar. 7. Special fee for grant. 8. Offence. L.R.O.1Il991 1961 Ed. Cap. 210. 26of1958. Commencement. Short title. Interpretation. [19 of 1981]. Applicationfor grant of lettersof administration Grantofprobate. CHAPTER 9:06 ADMINISTRAnON OF SMALL ESTATES ACT AN ACT to make special provision for the grant of letters of ad mlnlstratlon and probate of wills of small estates and for the remission of certain duties and fees in connection therewith. [1stJanuary 1959] 1. This Actmay be citedas the ADMINISTRATION OF SMALL ESTATES ACT. 2. In this Act "lettersof administration" comprehends alllettersofadministration of theestateofdeceased persons whether withor without thewill annexed and whether granted for general. special or limited purposes; "smallestate"meansall theproperty, real andpersonal. of a deceased personwhichdoesnot exceedfive thousand dollars in value. 3. (1) In any case where a persondies intestate leaving a small estate. an application may be made to the Registrar at any time not earlierthanonemonthafterthedeathof thepersonfor a grantof letters of administration in respect of the estate. (2) An application under subsection (1) may be madeby any person being the husband. wife. issue. father. mother or issue of the fatheror mother. of the deceased person. 4. Probate ofthewillofanydeceased personleavingasmallestate may. upon application and upon production of the will and of an affidavit verifying thedueexecution thereof. beissuedto theexecutor named in the will or. in any case whereit appears to the Judge to be necessary orproperto doso.theJudgemayappoint anadministrator of the estateand directlettersof administration withthe will annexed to be issued to him. 5. ItshallbethedutyoftheRegistrartowhom applicationismade Duties and powersof to prepare suchpapersas maybe necessary to leadto a grantof letters Registrar. of administration or of probate, as the case may be, and, for that purpose, he may require the applicant to furnish him witha statement and givesuchotherproof, as he may considernecessary, of the value of the estate,of theidentity of the applicant and, wherenecessary, of his relationship to the deceased; but thereshallnot be required (a) anybond; (b) anydeclaration on oathas to the valueof the estate; or (c) any administrator's or executor'soath. 6. After investigation of the application the Registrarshall pre- Investigalionand pare a reportandshalllay it beforea Judge andthe Judgeshall,ifhe is :;":. satisfied that the application ought to be granted, give a direction accordingly. 7. Anything in any Actto thecontrary notwithstanding, the feeto special feefor be paid in respect of a grant of lettersof administration or of probate ~ 1973. (including anyapplication therefor) underthisActshallbe the sumof 20of1978]. ten dollars and there shall not be payable any other duties, fees or chargesof any description whatsoever. 8. Any personwho, for the purpose of deriving the benefitcon- Offence. ferred by this Act, knowingly makes to the Registrar any statement whichis false in any material particularis liableon summary convic tion to a fineof one thousand fivehundred dollars or to imprisonment for six months. L.R.O.1I1991