Intestates' Estates Act (Cap. 9:03)

LAWS OF DOMINICA INTESTATES' ESTATES ACT CHAPTER 9:03 Act 23 of 1958 Amended by 12 of 1959 4 of1963 24 of1967 13 of1973 Current Authorised Pages Pages Authorised (inclusive) by LR.O. 1-11 111991 2 Chap. 9:03 LAWS OF DOMINICA Intestates' Estates Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. LAWS OF DOMINICA Intestates' Estates Chap. 9:03 CHAPTER 9:03 INTESTATES' ESTATES ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Abolition of descent to heir, curtesy, dower and escheat. 4. Succession to real and personal estate on intestacy. 5. Statutory trusts in favour of issue and other classes of relatives of intestate. 6. Meaning of the statutory trusts. 7. Powers of personal representative in respect of interest of surviving spouse. 8. Application to cases of partial intestacy. 9. Construction of documents. 10. Pending proceedings. 3 4 1961 Ed. C,p. 211. 23 of 1958. Commencement. Short title. Interpretation [24 of 1967 13 ofl973] Chap. 9:03 LAWS OF DOMINICA Intestates' Estates CHAPTER 9:03 INTESTATES' ESTATES ACT AN ACT relating to the distribution of estates of intestates. [1st January 1959] 1. This Act may be cited as the INTESTATES' ESTATES ACT. 2. In this Act "child" or"issue" include an adopted child, or an illegitimate child who has been accepted as his child or issue by the intestate or who has lived with or been maintained by the intestate; "child or other issue" includes a son, daughter, grandson or grand­ daughter, an adopted person or a legitimated person and an illegitimate person who lived with or was maintained by the intestate; "intestate" includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate; "personal chattels" means carnages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate for business purposes nor money or securities for money; "residuary estate" means every beneficial interest (including rights of entry and reverter) of the intestate in real and personal estate, after payment of all such funeral and administration expenses, debts and other liabilities as are properly payable thereout, which (otherwise than in right of a power of appointment) he could, if LAWS OF DOMINICA Intestates' Estates Chap. 9:03 3. (I) With regard to the real estate and personal inheritance of Abolition of every person dying after the commencement of this Act, there shall be descent tdo hei,, curtesy, ower abolished - and escheat. (a) all existing modes, rules and canons of descent, and of devolution by special occupancy or otherwise, of real estate or of a personal inheritance, whether operating by the general law or otherwise howsoever; (b) tenancy by the curtesy and every other estate and interest of a husband in real estate as to which his wife dies intestate, whether arising under the general law or by custom or otherwise howsoever; ( c) dower and every other estate and interest of a wife in real estate as to which her husband dies intestate, whether arising under the general law or otherwise howsoever; and ( d) escheat to the State for want of heirs. (2) Nothing in this section affects the descent or devolution of an entailed interest. 5 4. (I) The residuary estate of an intestate shall be distributed in Succession to ecru h b h Id th . d. th' . I andpecsonal t e manner or e e on e trusts ment10ne m 1s sect10n, name y- estate on ( a) if the intestate leaves a husband or wife (with or without inte, t acy. issue) the surviving husband or wife shall take the personal chattels absolutely and in addition the residu­ ary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a net sum of three thousand dollars or a sum equal to ten per cent of the net value of the estate, whichever may be greater, free of death duties and costs, to the surviving husband or wife, with interest thereon from the date of the death at the rate of five dollars per cent per annum until paid or appropriated, and subject to providing for such sum and the interest thereon the residuary estate (other than the personal chattels) shall be held (i) if the intestate leaves no issue, upon trust for the surviving husband or wife during his or her life; (ii) if the intestate leaves issue, upon trust, as to one­ half, for the surviving husband or wife during his or 6 Chap. 9:03 LAWS OF DOMINICA Intestates' Estates statutory trusts for the issue of the intestate; and, as to the other half, on the statutory trusts for the issue of the intestate, but if those trusts fail or determine in the lifetime of a surviving husband or wife of the intestate, then upon trust for the surviving husband or wife during the residue of his or her life; (b) if the intestate leaves issue but no husband or wife, the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate; ( c) if the intestate leaves no issue but both parents, then, subject to the interests of a surviving husband or wife, the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely; (d) if the intestate leaves no issue but one parent, then, subject to the interests of a surviving husband or wife, the residuary estate of the intestate shall be held in trust for the surviving father or mother in equal shares abso­ lutely; ( e) if the intestate leaves no issue or parent, then, subjectto the interests of a surviving husband or wife, the residu­ ary estate of the intestate shall be held in trust for the following persons living at the death of the intestate and in the following order and manner, namely (i) first, on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trust, then (ii) secondly, on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts, then (iii) thirdly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class, then (iv) fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no person takes an absolutely vested interest under LAWS OF DOMINICA Intestates' Estates Chap. 9:03 (v) fifthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts, then (vi) sixthly, for the surviving husband or wife of the intestate absolutely; (f) in default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the State as bona vacantia, and in lieu of any right to escheat. (2) The State may, out of the whole or any part of the property devolving on the State under subsection (I) (f), provide on such terms and conditions as it may think fit for dependants, whether kindred or not, of the intestate and other persons for whom the intestate might reasonably have been expected to make provision. (3) A husband and wife shall for all purposes of distribution or division under the foregoing provisions of this section be treated as two persons. 7 5. (1) Where under this Act the residuary estate of an intestate, or Statutory trusts in . . . favour of ts sue any part thereof, IS directed to be held on the statutory trusts for the issue and other classes of the intestate, the same shall be held upon the following trusts, of relatives of namely- intestate. ( a) in tfl\St, in equal shares if more than one, for all or any of the children or child of the intestate, living at the death of the intestate, who attain the age of eighteen years or marry under that age, and for all or any of the issue living at the death of the intestate who attain the age of eighteen years or marry under that age of any child of the intestate who predeceases the intestate, such issue to take through all degrees, according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that no issue shall take whose parent is living at the death of the intestate and so capable of taking; (b) the statutory provisions which relate to maintenance and the accumulation of surplus income shall apply, 8 Chap. 9:03 LAWS OF DOMINICA Intestates' Estates to give valid receipts for the income of his share or interest; ( c) where the property held on the statutory trusts for issue is divisible into shares, then any money or property which by way of advancement or on the marriage of a child of the intestate has been paid to such child by the intestate or settled by the intestate for the benefit of such child (including any life or less interest and including property covenanted to be paid or settled) shall, subject to any contrary intention expressed or appearing from the circumstances of the case, be taken as being so paid or settled in or towards satisfaction of the share of such child or the share which such child would have taken if living at the death of the intestate, and shall be brought into account at a valuation (the value to be reckoned as at the death of the intestate) in accordance with the requirements of the personal representative; ( d) the personal representative may permit any infant contin­ gently interested to have the use and enjoyment of any personal chattels in such manner and subject to such conditions (if any) as the personal representative may consider reasonable, and without being liable to ac­ count for any consequential loss. (2) If the trusts in favour of the issue of the intestate fail by reason ofno child or other issue attaining an absolutely vested interest ( a) the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall go, devolve and be held under the provi­ sions of this Act as if the intestate had died without leaving issue living at the death of the intestate; (b) references in this Act to the intestate "leaving no issue" shall be construed as "leaving no issue who attain an absolutely vested interest"; ( c) references in this Act to the intestate "leaving issue" or "leaving a child or other issue" shall be construed as "leaving issue who attain an absolutely vested inter LAWS OF DOMINICA Intestates' Estates Chap. 9:03 (3) Where under this Act the residuary estate ofan intestate or any part thereof is directed to be held on the statutory trusts for any class of relatives of the intestate, other than issue of the intestate, the same shall be held on trust corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account) as if such trusts (other than as aforesaid) were repeated with the substitution of references to the members or member of that class for references to the children or child of the intestate. 6. (1) For the purposes of this Act the residuary estate of the intestate, or any part thereof, directed to be held upon the "statutory trusts" shall be held upon the trusts and subject to the provisions following, namely, upon trust to sell the same and to stand possessed of the net proceeds of sale, after payment of costs, and of the net rents and profits until sale after payment of rates, taxes, costs of insurance, repairs, and other outgoings, upon such trusts, and subject to such powers and provisions, as may be requisite for giving effect to the rights of the persons (including an incumbrancerof a formerundivided share or whose incumbrance is not secured by a legal mortgage) interested in the land. (2) Where ( a) an undivided share was subject to a settlement; and (b) the settlement remains subsisting in respect of other property; and ( c) the trustees thereof are not the same persons as the trustees for sale, then the statutory trusts include a trust for the trustees for sale to pay the proper proportion of the net proceeds of sale or other capital money attributable to the share to the trustees of the senlement to be held by Meaning of the statutory trusts. them as capital money arising under the Senled Estates Act. Ch. 54:05. 7. (1) Where a surviving husband or wife is entitled to a life Powm of 9 · · h · d th f th al personal mterest m t e res1 uary estate or any part ereo , e person repre- representative in sentative may, either with the consent of any such tenant for life (not respect of interest being also the sole personal representative) or, where the tenant for life of s"rviving is the sole personal representative, with the leave of the Court, purchase spouse. or redeem the life interest (while it is in possession) by paying the capital value thereof (reckoned according to tables selected by the personal representative) to the tenant for life or the persons deriving 15 Geo. V c. 23. Application to cases of partial intestacy. LAWS OF DOMINICA Chap. 9:03 Intestates' Estates residuary estate of the intestate may be dealt with or distributed free from the life interest. (2) The personal representative may raise ( a) the net sum arrived at in accordance with the provisions of section 4(1)(a) or any part thereof and the interest thereon payable to the surviving husband or wife of the intestate on the security of the whole or any part of the residuary estate of the intestate ( other than the personal chattels), so far as the estate may be sufficient for the purpose or the said sum and interest may not have been satisfied by an appropriation under the statutory power available in that behalf; and (b) in like manner the capital sum, if any, required for the purchase or redemption of the life interest of the survi v­ ing husband or wife of the intestate, or any part thereof not satisfied by the application for that purpose of any part of the residuary estate of the intestate; and in either case the amount, if any, properly required for the payment of the costs of the transaction. (3) In subsection (!), the expression "according to tables" means according to tables which may be selected by a personal representative under section 48 of the Administration of Estates Act, 1925 of the United Kingdom. 8. Where any person dies leaving a will effectively disposing of part of his property, this Act shall have effect as respects the part of his property not so disposed of subject to the provisions contained in the will and subject to the following modifications: ( a) the requirements as to bringing property into account shall apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased, but not to benefi­ cial interests so acquired by any other person; (b) the personal representative shall, subject to his rights and powers for the purposes of administration, be a trustee for the persons entitled under this Act in respect of the part of the estate not expressly disposed of unless it appears by the will that the personal representative is intended to take that LAWS OF DOMINICA Intestates' Estates Chap. 9:03 fl 9. (1) References to any Statute of Distributions in an instrument Construction of inter vivos made, or in a will coming into operation after the com- documents. mencement of this Act, shall be construed as references to this Act; and references in such an instrument or will to statutory next of kin shall be construed, unless the context otherwise requires, as referring to the persons who would take beneficially on an intestacy under the forego ing provisions of this Act. (2) Trusts declared in an instrument inter vivos made, or in a will coming into operation before the commencement of this Act, by reference to the Statute of Distributions, shall, unless the contrary thereby appears, be construed as referring to the enactments relating to the distribution of effects of intestates which were in force immediately before the commencement of this Act. 10. Any cause or proceeding pending at the date of the commence- Pendindg f . . procee mgs. ment o this Act before the Supreme Court may be heard by the said 14 of 1963]. Court and any decision of the said Court and any disposal of any property the subject of the cause or proceeding may be made in accordance with the provisions of the Escheat Act 1932, notwithstand- L.1.14 of 1932. ing the repeal of the said Act and any amendments thereto.