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Administration of Small Estates Act 2004

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No. 12 of 2004. Administration of Small Estates 1 ANTIGUA
Act, 2004. AM>


I Assent,

James B. Carlisle,

4th November, 2004.


No. 12 of 2004

AN ACT to make provision for the Administration of Small

[Published in the Oficial Gazette Vol. XYIV
No. 83 dated 11 th November, 2004.1

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Administration of Small Es- short title.
tates Act, 2004.

2. In this Act - Interpretation.

"letters of admhistration" means all letters of administra-
tion of the estate of deceased persons whether with or with-
out the will annexed and whether granted for general, spe-
cial or limited purposes;

"Registrar" means the Registrar of the High Court and in
his absence the Deputy Registrar;

"small estate" means all the property, real and persona!,
of a deceased person which does not exceed twenty-five
thousand dollars in value.

ANTIGUA 2 Administration of Small Estates No. 12 of 2004
AN3 Act, 2004.


Application for 3. (1) In any case where a person dies intestate leaving a small
grant Of letters Of estate, an application may be made to the Registrar at any time

not earlier than one month after the death of such person for a
grant of letters of administration in respect of such estate.

(2) An application under the preceding subsection may be
made by any person being the husband, wife, issue, father,
mother, or issue of the father or mother, of the deceased person.

Grant of probate. 4. Probate of the will of any deceased person leaving a small
estate may, upon application to the Registrar and upon produc-
tion of the will and of an affidavit verifying the due execution
thereof, be issued to the executor named in the will or, in any
case where it shall appear to the Judge to be necessary or proper
so to do, the Judge may appoint an administrator of the estate
and direct letters of administration with the will annexed to be
issued to him.

Duties and powers 5. It shall be the duty of the Registrar to whom application is
of Registrar. made if requested so to do by the applicant, to assist the appli-

cant in filling up such papers as may be necessary to lead to a
grant of letters of administration or of probate, as the case may
be, and, for that purpose, he may require the applicant to furnish
him with documentary evidence of the value of the estate, the
identity of the applicant, and his relationship to the deceased,
the identity of every beneficiary to the estate of the deceased
and any other information as he may consider necessary.

Investigation and 6. (1) On receipt of an applicationunder section 3(2) or 4, the
Report by Regis- Registrar shall notify the public of the application, the name of
trar. the applicant, the estate in respect of which the application is

made and to invite any objections and inquiries.

(2) The Notice shall be posted up and remain posted up for
a period of fourteen (14) days at the following places -

(a) the Court House;

(3) the General Post Office; and

(c) the Magistrate Court for the District where the de-
ceased resided.

(3) Subject to subsections (1) and (2), the Registrar shall in-
vestigate the application and prepare a report and shall lay the

No. 12 of 2004. Administration of Small Estates 3 ANTIGUA
Act, 2004. AND


report before a Judge and the Judge shall, if satisfied that the
application ought to be granted, give a direction accordingly.

7. (1) Notwithstanding any law to the contrary, the fees speci- Fee for grant of Let-
fied in the Schedule shall be paid to the Registrar and no other ters of Administra-
fees, duties or charges of any description whatsoever shall be tion Or Probate.
payable in respect of the grant of letters of administration or
probate, including any application therefor.

(2) All fees received by the Registrar pursuant to subsection
(1) shall be paid to the Accountant General for the benefit of the

(3) The Minister may by regulation amend the Schedule.

(4) Any regulation made under this section shall be subject to
affirmative resolution of the House of Representatives.

8. (1) Any person who, for the purpose of deriving the ben- Offence and pen-
efit conferred by this Act, knowingly makes to the Registrar alty.
any statement which is false in any material particular commits
an offence.

(2) Where the Registrar suspects that an offence has been
committed under this section, he shall report the matter to the Di-
rector of Public Prosecutions for investigation and prosecution.

(3) Any person who commits an offence under this section is
liable on summary conviction to a fine not exceeding five thou-
sand dollars or to a tern1 of imprisonment not exceeding six (6)

(4) Notwithstanding subsection (3) if, on examination of any
person charged with any offence under this section, it appears
to the Magistrate that it is not expedient, considering the mag-
nitude of the offence and in the interest of justice, that the per-
son charged should be tried summarily, he may proceed to com-
mit the person charged to stand trial on indictment by a jury.

(5) Any person convicted on indictment under this section is
liable to a fine not exceeding ten thousand dollars or to a term
of imprisonment not exceeding two (2) years.

9. The Administration of Small Estates Act Cap. 8 is repealed. Repeal.

ANTIGUA 4 Administration of Small Estates No. 12 of 2004
AND Act, 2004.


Section 7

Value of Estate Fees payable

1. $3,000.00 or less

2. $3,000.00 - 5,000.00

3. $ 5,001 .OO - 8,000.00




Passed the House of Representatives Passed the Senate this 3rd day of
this 23rd day of September, 2004. September, 2004.

D. Giselle Isaac-Arrindell,

Edmond A. Mansoor.

Y. Henry, Y. Henry,
Acting Clerk to the House ofRepresentatives. Acting Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

- By Authority, 2004.
800-1 1.02 [ Price$2.25 ]