Age of Majority Act

Link to law: http://laws.gov.ag/acts/chapters/cap-11.pdf
Published: 1984

Age of Majority (CAP. 11 1

CHAPTER 11

THE AGE OF MAJORITY ACT

Arrangement of Sections
Section

1. Short title.
2. Reduction of age of majority from twenty-one to

eighteen.
3. Time at which a person attains a particular age.
4. Persons under full age may be described as minor.
5. Maintenance for Children under Guardianship of Infants

Act to continue to age of twenty-one.
6. Funds in Court.
7 . Wardship and custody orders.
-8. Adoption orders.
9. Revocation of wills under Cap. 474.

10. Personal representatives powers.
1 1. Accumulation periods.
12. Power of Trustees to apply for income for maintenance

of minor.
13. Consent by persons over sixteen to surgical, medical

and dental treatment.
14. Statutory provisions incorporated in deeds, wills etc.

SCHEDULE

AGE OF MAJORITY

An Act to amend the law relating to the age of majority,
to persons who have not attained that age and to the time
when a particular age is attained.

(13th December, 1984.) l*/lgg4.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 11) Age of Majority

Short title. 1. This Act may be cited as the Age of Majority Act.

Reduction of age
of majority from 2. (1) Subject to this Act, as from the date on which
twenty-one to this Act comes into operation, a person attains full age on
eighteen. attaining the age of eighteen instead of on attaining th'k age

of twenty-one; and a person attains full age of that date if he
has then already attained the age of eighteen but not the
age of twenty-one.

(2) Subsection (1) applies for the purposes of any rule
of law, and in the absence of a definition or of any indica-
tion of a contrary intention, for the construction of "full age",
"infant", "infancy", "minor", "minority", and similar
expressions-

(a) in this Act and any other statutory provisions
whether passed or made before, on or after the date
on which this Act comes into operation; and

( b ) in any deed, will or other instrument (not be-
ing a statutory provision) made on or after that date.

(3) Notwithstanding any rule of law, a will or codicil
executed before the date on which this Act comes into opera-
tion shall not be treated for the purposes of this section as
made on or after that date by reason only that the will or
codicil is confirmed by a codicil executed on or after that date.

Schedule. (4) In the statutory provisions specified in the Schedule
for any reference to the age of twenty-one years there is
substituted a reference to the age of eighteen years.

Time at which a 3. (1) The time at which a person attains a particular
person attains a
particular age. age expressed in years is the commencement of the relevant

anniversary of the date of his birth.

(2) This section applies only where the relevant anniver-
sary falls on a date after that on which this Act comes into
operation and, in relation to any written law, deed, will or
other instrument, has effect subject to any provisions therein.

Persons under
full age may be

4. A person who is not of full age may be described
described as as a minor instead of as an infant, and accordingly in this
minor. Act "minor" means such a person.

9 LAWS OF ANTIGUA AND BARBUDA

Age of Majority (CAP. 11 3

5. (1) An order under section 5(2), 7(4) or 8 of the Maintenance for
children under Guardianship of Infants Act for payment of sums towards Guardianship of

the maintenance or eduction of a minor may require such Infants Act to
continue to age

sums to continue to be paid in respect of any period after 21.
the date on which he ceases to be a minor but not extending Cap- 197.
beyond the date on which he attains the age of twenty-one;
and any order which is made as mentioned above may
provide that any sum which is payable thereunder for the
benefit of a person who has ceased to be a minor shall be
paid to that person himself.

(2) Subject of subsections (3) and (4), where a person
who has ceased to be a minor but has not attained the age of
twenty-one has, while a minor, been the subject of an order
under any of the provisions of the Guardianship of Infants
Act, the court may, on the application of either parent of
that person or of that person himself, make an order requir-
ing either parent to pay to the other parent, to anyone else
for the benefit of that person or to that person himself, in
respect of any period not extending beyond the date when
he attains that age, such weekly or periodical sums towards
his maintenance or education as the court thinks reasonable
having regard to the means of that person on whom the re-
quirement is imposed.

(3) No order shall be made under subsection (2) and
no liability under such an order shall accrue at a time when
the parents of the person in question are residing together,
and if they so reside for a period of three months after such
an order has been made, it ceases to have effect.

(4) No order shall be made under subsection (2)
requiring any person to pay any sum towards maintenance
or education of any child of that person born out of wedlock.

(5) Subsection (2) shall be construed as one with the
Guardianship of Infants Act.

6. Any order or directions in force immediately before Fundsin
this Act comes into operation by virtue of any rules of court
or other written law relating to the control of money recovered
by or otherwise payable to an infant in any proceedings shall
have effect as if any reference therein to the infant's attain-
ing the age of twenty-one were a reference to his attaining

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 11) Age of Majority

the age of eighteen or, in relation to a person who by virtue
of this Act attains full age on the date this Act comes into
operation, to that date.

Wanlship and 7. (1) Any order in force immediately before this Act
custody orders. I comes into operation-

(a) making a person a ward of Court; or & $
(b) giving custody of, or access to any person,

which is expressed to continue in force until the person who
is the subject of the order attains the age of twenty-one, or
any age between eighteen and twenty-one, has effect as if
the reference to his attaining that age were a reference to
his attaining the age of eighteen or, in relation to a person
who by virtue of this Act attains full age on the date this Act
comes into operation, to that date.

(2) This section is without prejudice to so much of any
order as makes provision for the maintenance or education
of a person after he has attained the age of eighteen.

Adoption orders. 8. This Act shall not prevent the making of an adop-
tion order or provisional adoption order under the Adop-

1 )
Cap. 9. tion of Children Act in respect of a person who has attained t

P
the age of eighteen if the application for the order was made
before this Act comes into operation; and in relation to any
such case that Act has full effect as if this Act had not been
enacted. F

3
i

h
z 9. (1) Any will which- Revocation of

wills under
Cap. 473.
Cap. 474. (a) has been made, whether before or after the

coming into force of this Act, by a person under the
age of eighteen; and

( b ) is valid by virtue of the provisions of section
11 of the Wills Act and the Wills (Soldiers and Sailors)
Act,

may be revoked by that person notwithstanding that he is
still under that age whether or not the circumstances are
then such that he would be entitled to make a valid will under
those provisions.

LAWS OF ANTIGUA AND BARBUDA

Age of Majority (CAP. 11 5

(2) In this section "will" has the same meaning as in Cap.473.
the Wills Act.

10. In the case of a beneficiary whose interest arises ::';,",",":tatives
under a will or codicil made before this Act comes into opera- powers.
tion or on the death before that date of an intestate (within
the meaning of the Intestates Estates Act), nothing in this Cap.225-
Act affects the powers of the personal representatives
regarding-

(a) investments of the residue of any moneys aris-
ing on a trust for sale; or

(b) other powers of management in the administra-
tion of estates, at any time before the beneficiary attains
the age of twenty-one.

11. The change, by virtue of this Act, in the con- ~ ~ ~ ~ ~ ~ ' a t i O n
struction of anv rule of law which lavs down ~ermissible
periods of accumulation of income under settlements and
other dispositions shall not invalidate any direction for
accumulation in a settlement or other disposition made by
a deed, will or other instrument which was made before this
Act comes into operation.

12. (1) This Act does not affect section 25 of the z;:2fto apply
Trustees and Mortgagees Act- for income for

maintenance of
(a) in its application to any interest under instru- minor.

ment made before this Act comes into operation; Cap.447.

(b) in its application, by virtue of any rules of law,
to the estate of an intestate (within the meaning of the
Intestates Estates Act) dying before the date.

(2) In any case in which (whether by virtue of this sec-
tion or section 5) trustees have power under section 25 of
the Trustees and Mortgagees Act to pay income to the
parent or guardian of any person who has attained the age
of eighteen or to apply it for or towards the maintenance or
education of any such person, they shall also have power
to pay it to that person himself.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 11) Age of Mq.ority

Consent by
persons over 16 13. (1) The consent of a minor who has attained the
to surgical age of sixteen years to any surgical, medical or dental treat-

and ment which, in the absence of consent, would constitute a
dental treatment.

trespass to his person, shall be as effective as it would be
if he were of fuil age; and where a minor has by virtue of
this section given an effective consent to any treatment, it
shall not be necessary to obtain any consent for it from his
parent or guardian.

(2) In this section "surgical, medical or dental treat-
ment" includes any procedure undertaken for the purposes

, - - L
of diagnosis, and this section applies to any procedure
(including, the administration of any anaesthetic) which is
ancillary to any treatment as it applies to that treatment.

(3) Nothing in this section shall be construed as making
ineffective any consent which would have been effective if
this section had not been enacted.

Statutory 14. This Act does not affect the construction of any
provisions
incorporated in statutory provision where it is incorporated in and has effect
deeds, wills, etc. as part of any deed, will or other instrument the construc-

tion of which is not affected by that section.

LAWS OF ANTIGUA AND BARBUDA

Age of Majority (CAP. 11

SCHEDULE s. z(4)

Short Title. Section Subject Matter

Offences against the section 51 Abduction of woman being
Person Act (Cap. 300) under age of 21 years.

Wills Act (Cap. 473) section 5 Father may dispose of
custody of children during
minority.

section 6 Validity of will made by per-
son under 21 years.

Wills (Soldiers and sections 3
Sailors) Act (Cap. 474) and 5

Building Societies Act section 28 Person under 21 years
(Cap. 60) eligible as member of

Building Society but not as
officer.

Friendly Societies Act section Membership of minors.
(Cap. 184) 34(1)

Adoption of Children section Definition of "infant" by
Act (Cap. 9) * ( 2 ) reference to age of 2 1 years.

Trustees and Mortgagees section 25 Power to apply income for
Act (Cap. 447) maintenance and to

accumulate surplus income
during a minority.

Registered Land Act section 2 Definition of "minor".
(Cap. 374)
Read Entire Law on laws.gov.ag