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Trust Corporation (Probate and Administration) Act

Published: 1947

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Trust Corporation (Probate and (CAP. 445 1



Arrangement of Sections

1. Short title.
2. Interpretation.
3. Power to grant representation to a trust corporation.


(23rd December, 1947.)

1. This Act may be cited as the Trust Corporation Shorttitle.
(Probate and Administration) Act.

2. In this Act- Interpretation.

"administration" means letters of administration of the
estate of a deceased person, whether general or
limited, or with the will annexed or otherwise;

"probate" means the probate of a will;

"the Court" means the High Court;

"trust corporation" means either a corporation
appointed by the Court in any particular case to
be a trustee or a corporation constituted under
the law of Antigua and Barbuda or of Great Britain


2 CAP. 445) Trust Corporation (Probate and

or of Canada and having a place of business in
Antigua and Barbuda and empowered by its con-
stitution to undertake trust business and being

(a) a company incorporated by special
Act, or Royal Charter; or

(b) a company registered (whether with
or without limited liability) under the
Companies Act, having a capital (in stock or
shares) for the time being issued of not less
than $1,200,000, of which not less than
$480,000 shall have been paid up in cash; or

(c) a company registered without limited
liability under the Companies Act, whereof
one of the members is a company within any
of the classes hereinbefore defined.

For the purposes of this definition "trust
business" means the business of acting as
trustee under wills and settlements and as
executor and administrator of deceased per-

Power to grant
representation to

3. (1) The Court may-
a trust corpora-
tion. (a) Where a trust corporation is named in a will as

executor, whether alone or jointly with another person,
grant probate to the corporation either solely or jointly
with another person, as the case may require; and

(b ) grant administration to a trust corporation
either solely or jointly with another person,

and the corporation may act accordingly as executor or
administrator, as the case may be.

(2) Probate or administration shall not be granted to a
syndic or nominee on behalf of a trust corporation.

(3) Any officer authorized for the purpose by a trust
corporation or the directors or governing body thereof may,
on behalf of the corporation, swear affidavits, give security
and do any other act or thing which the Court may require
with a view to the grant to the corporation of probate or
administration, and the acts of an officer so authorized shall
be binding on the corporation.


Trust Corporation (Probate and (CAP. 445 3

(4) Where, at the commencement of this Act, any inter-
est in any estate is vested in a syndic on behalf of a trust cor-
poration acting as the personal representative of a deceased
person, the said interest shall, by virtue of this Act, vest in
the corporation in respect of the said interest.

This subsectioil shall not apply to securities registered
or inscribed in the name of a syndic or to land registered
under the Title by Registration Act, or to an encumbrance
registered thereunder, in the name of a syndic, but any such
securities, land or encumbrances, shall be granted or trans-
ferred by the syndic to the corporation or as the corpora-
tion may direct.

(5) This section shall have effect whether the testator
or intestate died before or after the commencement of this
Act, and no such vesting, grant or transfer as aforesaid shall
operate as a breach of a covenant or condition against alien-
ation or give rise to a forfeiture.