Intestates Estates Act

Link to law: http://laws.gov.ag/acts/chapters/cap-225.pdf
Published: 1945

Intestates Estates (CAP. 225 1

CHAPTER 225

THE INTESTATES ESTATES ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Abolitim of descent to heir, curtesy, dower and escheat.
4. Succession to real and personal estate on intestacy.
5. Statutory trust in favour of issue and other classes of

relatives of intestate.
6. Meaning of the statutory trusts.
7. Application to cases of partial intestacy.
8. Construction of documents.
9. Statute of Distribution (22 & 23 Chas. 11, c. 10) (not

applicable to Antigua and Barbuda).
10. Exclusion from succession.
11. Non-Application.

SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Intestates Estates (CAP. 225 3

INTESTATES ESTATES

1. This Act may be cited as the Intestates Estates Act. short title.

2. In this Act- Interpretation.

"brother" or "sister" in relation to an intestate includes
any child of the father or mother of the intestate;

"child" or "issue" in relation to a deceased person
includes a child born out of wedlock in respect of
whom

(a) that person has been adjudged by the
High Court or Magistrate's Court to be the
father or putative father, or

(6) that person has acknowledged himself
to be the father under section 26 of the Births Cap. 53.
and Deaths (Registration) Act;

"father" includes a person who has

(a) been adjudged by the High Court or
the Magistrate's Court to be the father or
putative father, or

(b) acknowledged himself to be the father
under section 26 of the Births and Deaths
(Registration) Act.

"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 carriages, 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,

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4 CAP. 225) Intestates Estate

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 in-
testate 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 of full age and capacity,
have disposed of by his will.

Abolition of
descent to heir,

3 . (1) With regard to the real estate and personal
curtesy, dower inheritance of every person dying after the commencement
and escheat- of this Act, there shall be abolished-

(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;
and

( 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 however; and

(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 Crown for want of heirs.

(2) Nothing in this section affects the descent or
devolution of an entailed interest.

Succession to real
and personal

4. (1) Subject to subsection (2) the residuary estate
estate on of an intestate shall be distributed in the manner or be held
intestacy. on the trusts mentioned in this section, namely-

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Intestates Estates (CAP. 225 5

(a) If the intestate dies leaving a husband or wife
and no issue or next-of-kin, the residuary estate shall
be held on the statutory trusts for the husband or wife.

(6) If an intestate dies leaving a husband or wife
and no issue but next-of-kin, in trust as to two-thirds
of the residuary estate for the husband or wife and the
remainder on the statutory trusts for the next-of-kin in
equal shares.

(c) Subject to paragraph ( 4 , if an intestate dies
leaving

(i) a husband or wife and one child, two thirds
of the residuary estate of the intestate shall be
held on the statutory trusts for the husband
or wife and the remainder shall be held on the
statutory trusts for the child;

(ii) a husband or wife and childen, one third of
the residuary estate shall be held on the
statutory trusts for the husband or wife and
the remainder shall be held in trust for the
children in equal shares.

( 4 If any child of the intestate has predeceased him
leaving issue and such issue is alive at the date of the
intestate's death, the husband or wife shall take the same
share of the estate as if that child had been living at
that date, and the issue of that child shall take, in the
manner provided for in paragraph V), the share which
that child would have taken if he had survived the
intestate.

(e) If an intestate dies leaving issue and no husband
or wife, his residuary estate shall be distributed among
the issue in accordance with paragraph V).

V) If all the issue are in equal degree of relation-
ship to the deceased person, the distribution shall be
in equal shares among them; if they are not, it shall
be per stirpes.

Cg) If an intestate dies leaving neither husband or
wife nor issue, the residuary estate of the intestate shall
be held on the statutory trusts for his mother and father
in equal shares if both survive the intestate, but, if only

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6 CAP. 225) Intestates Estate

one of them survives the intestate, upon trust for the
survivor.

(h ) If an intestate dies leaving neither husband or
wife nor issue nor mother nor father, his residuary estate
shall be held on the statutory trusts for his brothers and
sisters in equal shares, and, if any brother or sister does
not survive the intestate, the surviving children of the
deceased brother or sister shall where any other brother
or sister of the deceased person survives him take in
equal shares the share that his mother or father would
have taken if she or he had survived the intestate.

(9 If an intestate dies leaving neither husband or
wife nor issue nor mother nor father nor brother nor
sister, his residuary estate shall be held in trust for the
children of his brothers and sisters in equal shares.

Q If an intestate dies leaving neither husband or
wife nor issue nor mother nor father nor brother nor
sister nor children of any deceased brother or sister, his
residuary estate shall, subject to subsections (3) and (5),
be held on the statutory trusts in equal shares for his
next-of-kin.

(2) If the intestate leaves a husband or wife (with or
without issue or next-of-kin) the surviving husband or wife
shall in every case take the personal chattels.

(3) Subject to subsection (4), the person who, at the
date of the death of the intestate, stands nearest in blood
relationship to him shall be taken to be his next-of-kin.

(4) Degrees of blood relationship shall be ascertained
by counting the number of steps between the intestate and
the relative in question counting directly in the case of those
related lineally and through the nearest common ancestor
in the case of those who are issue of an ancestor of the intestate
but are not themselves ancestors of the intestate; but where
a direct lineal ancestor and any other relative are so
ascertained to be within the same degree of blood relation-
ship to the intestate, the other relative shall be preferred to
the exclusion of the direct lineal ancestor.

LAWS OF ANTIGUA AND BARBUDA

Intestates Estates (CAP. 225 7

(5) If the intestate dies leaving-

(a) a husband or wife but no issue; or

( 6 ) neither husband or wife nor issue,

relatives of the half-blood shall be treated as, and shall succeed
equally with relatives of the whole blood in the same degree.

(6) In default of any person taking the estate of an
intestate the residuary estate of the intestate shall vest in the
Crown as bona uacantia.

(7) The Minister responsible for legal affairs may, if
he thinks fit, waive in whole or in part and in favour of such
person and upon such terms (whether including or not
including the payment of money) as he thinks proper having
regard to all the circumstances of the case, the right of the
Crown under this Section.

5 . (1) Where under this Act the residuary estate of Statutory trust in
favour of issue

an intestate, or any part thereof, is directed to be held on and .,her ,~,sse,
the statutory trusts for the issue of the intestate, the same pf relatives of

intestate.
shall be held upon the following trusts namely-

(a) in trust, 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 twenty-
one 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 twenty-one 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 accumulation of surplus income, shall
apply, but when an infant marries, such infant shall
be entitled to give valid receipts for the income of the
infant's share or interest;

(c) where the property held on the statutory trusts
for issue is divisible into shares, then any money or

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8 CAP. 225) Intestates Estate

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 ex-
pressed or appearing from the circumstances of the case,
be taken as being so paid or settled in or towards satisfac-
tion of the share of such child or the share which such
child would have taken if living at the death of the in-
testate, and shall be brought into account, at a valua-
tion (the value to be reckoned as at the death of the
intestate), in accordance with the requirements of the
personal representatives;

(4 the personal representatives may permit any
infant contingently interested to have the use and
enjoyment of any personal chattels in such manner and
subject to such conditions (if any) as the personal
representatives may consider reasonable, and without
being liable to account for any consequential loss;

(2) If the trusts in favour of the issue of the intestate
fail by reason of no 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
provisions of this Act as If the intestate had died without
leaving issue living at the death of the intestate;

(6) references in this Act to the intestate "leaving
no issue" shall be construed as "leaving no issue who
attain an absolutely vested interest".

(6) references in this Act to the intestate "leaving
issue" or "leaving a child or other issue" shall be con-
strued as "leaving issue who attain an absolutely vested
interest".

(3) Where under this Act the residuary estate of an
intestate or any part thereof is directed to be held on the
statutory trusts for any class of relatives of the intestate, other

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Intestates Estates (CAP. 225 9

than issue of the intestate, the same shall be held on trusts
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 :;;% ;:I:;,
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 the 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 incumbrancer of
a former undivided share or whose incumbrance is not
secured by a legal mortgage) interested in the land.

(2) Where-

(a) an individed 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 settlement to be held by them as capital money arising
under the Settled Estates Act. Cap. 398.

7. Where any person dies leaving a will effectively : , P , ~ ~ ~ ~ ~ ~ ~
disposing of part of his property, this Act shall have effect intestacy.
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

LAWS OF AN'rIGUA AND BARBUDA

Construction of
documents.

Statute of
Distribution (22
& 23 Chas. 11,
C. 10) not
applicable to
Antigua and
Barbuda.

Exclusion from
succession.

Non-application.
Schedule.

C A P . 225) Intestate Estates

by any issue of the deceased under the will of the
deceased, but not to beneficial interests so acquired by
any other persons;

( 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 represen-
tative is intended to take such part beneficially.

8. (1) References to any Statutes of Distribution in
an instrument inter uiuos made, or in a will coming into
operation, after the commencement 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 foregoing provisions of this Act.

(2) Trusts declared in an instrument inter uiuos made,
or in a will coming into operation, before the commence-
ment of this Act by reference to the Statutes of Distribution,
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.

9. The Statute of Distribution, 22 & 23 Charles I1
C. 10 shall, in so far as the same may have hitherto had the
force of law in Antigua and Barbuda, cease to have such force.

10. A person who has been found guilty of an offence
against the intestate punishable by imprisonment for a
maximum period of at least two years or by a more severe
penalty, shall be precluded from taking any share in the estate
of the intestate.

1 . The enactments specified in the Schedule do not
apply in respect of the intestate estate of a persokdying before
the first day of January, 1987.

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Intestate Estates (CAP. 225 11

SCHEDULE Section 11

1. In section 2 of this Act, the definitions of "brother"
or "sister", "child" or "issue" and "father".

2. Section 4 of this Act as substituted by section 3 of the
Intestates Estates (Amendment) Act 1986. NO. 35 of 1986.

3. Section 4 of the Intestates Estates (Amendment) Act 1986.

4. Section 10 of this Act.
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