Real Representative (CAP. 368 1

CHAPTER 368

THE REAL REPRESENTATIVE ACT

Arrangement of Sections
Section

1. Short title.
2. Devolution of legal interest in real estate on death.
3. Provisions as to administration.
4. Provision for transfer to heir or devisee.
5. Liability for duty.

REAL REPRESENTATIVE

(14th May, 1928.)

1. This Act may be cited as the Real Representative short title.
Act.

2. (1) Where real estate is vested in any person Devolution of
legal interest in without a right in any other person to take by survivorship estate

it shall, on his death, notwithstanding any testamentary death.
disposition devolve to and become vested in his personal
representatives or representative from time to time as if it
were a chattel real vesting in them or him.

(2) This section shall apply to any real estate over which
a person executes by will a general power of appointment
as if it were real estate vested in him.

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2 CAP. 368) Real Representative

(3) Probate and letters of administration may be granted
in respect of real estate only, although there is no personal
estate.

1

(4) This section applies only in cases of death after com-
mencement of this Act.

Provisions as to 3. (1) Subject to the powers, rights, duties, and
administration.

liabilities hereinafter mentioned, the personal representatives
of a deceased person shall hold the real estate as trustees
for the persons by law beneficially entitled thereto, and those
persons shall have the same power of requiring a transfer
of real estate as persons beneficially entitled to personal estate
have of requiring a transfer of such personal estate.

(2) All enactments and rules of law relating to the effect
of probate or letters of administration as respects chattels
real, and as respects the dealing with chattels real before
probate or administration, and as respects the payment of
costs of administration and other matters in relation to the
administration of personal estate, and the powers, rights,
duties and liabilities of personal representatives in respect
of personal estate, shall apply to real estate so far as the same
are applicable, as if that real estate were a chattel real vesting
in them or him, save that it shall not be lawful for some
or one only of several joint personal representatives without
the authority of a Judge of the High Court, to sell or transfer
real estate.

(3) In the administration of the assets of a person dying
after the commencement of this Act, his real estate shall be
administered in the same manner, subject to the same
liabilities for debt, costs and expenses, and with the same
incidents, as if it were personal estate:

Provided that nothing herein contained shall alter or
affect the order in which real and personal assets respect-
ively are now applicable in or towards the payment of funeral
and testamentary expenses, debts or legacies, or the liability
of real estate to be charged with the payment of legacies.

(4) Where a person dies possessed of real estate, the
Court shall, in granting letters of administration, have regard
to the rights and interests of persons interested in his real

LAWS OF ANTIGUA AND BARBUDA

Real Representative (CAP. 368 3

estate, and his heir-at-law, if not one of the next-of-kin, shall
be equally entitled to the grant with the next-of-kin, and
provision shall be made by rules of Court for adapting the
procedure and practice in the grant of letters of administra-
tion to the case of real estate.

4. (1) At any time after the death of the owner of Provisions for
transfer to heir any land, his personal representatives may assent to any or dev;see.

devise contained in his will, or may convey the land to any
person entitled thereto as heir, devisee or otherwise, and may
make the assent or conveyance, either subject to a charge
for the payment of any money which the personal represen-
tatives are liable to pay, or without any such charge, and
on such assent or conveyance, subject to a charge for all
moneys (if any) which the personal representatives are liable
to pay, all liabilities of the personal representatives in respect
of the land shall cease, except as to any acts done or con-
tracts entered into by them before such assent or conveyance.

(2) At any time after the expiration of one year from
the death of the owner of any land, if his personal represen-
tatives have failed at the request of the person entitled to
the land to convey land to that person, the Court may, if
it thinks fit, on the application of that person, and after notice
to the personal representatives, order that the conveyance
be made, or, in the case of land held under the Title by Cap. 429.
Registration Act, that the person so entitled be registered
as proprietor of the land, either solely or jointly with the
personal representatives.

(3) Where the personal representatives of a deceased
person are registered as proprietors of land on his death,
the provisions of any Act notwithstanding, no fees shall be
chargeable on any transfer of the land by them unless the
transfer is for valuable consideration:

Provided that this sub-section shall not be deemed to
affect the fees payable to solicitors in accordance with the
scale set forth in the Fifth Schedule to the Title by Registra-
tion Act.

(4) The production of a memorandum of transfer in
the prescribed form by the personal representatives of a
deceased registered proprietor of land held under the Title

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4 CAP. 368) Real Representative

by Registration Act, shall authorize the Registrar to register
the person named in the memorandum of transfer as pro-
prietor of the land.

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Liability for
duty.

5 . Nothing in this Act shall affect any duty payable
in respect of real estate or impose on real estate any other
duty than is now payable in respect thereof.