Probates (Resealing) Act

Published: 1937

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Probates (Resealing) (CAP. 344 1



Arrangement of Sections

1. Short title.
2. Interpretation. -
3 , Sealing of probates and letters of administration granted

outside Antigua and Barbuda.
4. Conditions to be fulfilled before sealing.
5. Security for payment of debts.
6. Duplicate or copy admissible.
7. Rules of Court.


(8th December, 193 7 .) 1011937.

1. This Act may be cited as the Probates (Resealing) short title.

2. In this Act- Interpretation. r e

"Court of Probate" means any Court or authority, by
whatever name designated, having jurisdiction in
matters of probate;

"probate" and "letters of administration' ' include con-
firmation in Scotland, and any instrument having
in any other country the same effect which under

< English law is given to probate and letters of
administration respectively;


2 CAP. 344) Probates (Resealing)

"stamp duty" includes any duty payable on the value
of the estate and effects for which probate or letters
of administration is or are granted.

Sealing of
probates and

3 . Where a Court of Probate in any Commonwealth
letters of Country or such other country as Cabinet may approve, has,
administration either before or after the passing of this Act, granted pro-
granted outside
~~~i~~~ and bate or letters of administration in respect of the estate of
Barbuda. a deceased person, the probare or letters so granted may,

on being produced to, and a copy thereof deposited with
the High Court, be sealed with the seal of that Court, and
thereupon shall be of the like force and effect, and have the
same operation in Antigua and Barbuda as if granted by
that Court.

Conditions to be
fulfilled before

4. The Court shall, before sealing a probate or let-
sealing. ters of administration under this Act, be satisfied-

(a) that stamp duty has been paid in respect of so
much, if any, of the estate as is liable to stamp duty
in Antigua and Barbuda; and

(6 ) in the case of letters of administration, that
security has been given in a sum sufficient in amount
to cover the property, if any, in Antigua and Barbuda
to which the letters of administration relate;

and may require such evidence, if any, as it thinks fit as
to the domicile of the deceased person.

Security for
payment of

5 . The Court may also, if it thinks fit, on the applica-
debts. tion of any creditor, require, before sealing, that adequate

security be given for the payment of debts due from the estate
to creditors residing in Antigua and Barbuda.

Duplicate or
copy admissible.

6. For the purposes of this Act, a duplicate of any
probate or letters of administration sealed with the seal of
the Court granting the same, or a copy thereof certified as
correct by or under the authority of the Court granting the
same, shall have the same effect as the original.

Rules of Court. 7. (1) Rules of Court may be made for regulating
the procedure and practice, including fees and costs in the
High Court, on and incidental to an application for sealing
a probate or letters of administration granted under this Act.


Probates (Resealing) (CAP. 344 3

(2) Subject to any exceptions and modifications made
by such rules, the enactments for the time being in force
in relation to stamp duty, including the penal provisions
thereof, shall apply, as if the person who applies for sealing
under this Act were applying for probate or letters of

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