Intestates Estates and Property Charges Act

Link to law: http://www.moj.gov.jm/laws/intestates-estates-and-property-charges-act
Published: 1937-06-01

INTESTATES ESTATES AND PROPERTY CHARGES

THE INTESTATES' ESTATES AND PROPERTY
CHARGES ACT

ARRANGEMENT OF SECTIONS

Preliminary

1. Wlt title.
2. Interpretation.

PART I. Distribution of Esfates of Intestates
3. Abolition of deaent to hcir, curtesy, dower and escheat.
4. Sucassion to real and personal estate w intestacy.
5. Statutory trusts in favour of issue and other classes of relatives

6. Meaning of the statutory trusts.
7. Powers of p o n d reprcamtatke to rake rmms in the intemt of a

surviving spouse.
8. Applicstim to cases of partial intestacy.
9. Construction of documents.

of intestate.

10. savings.

Pmnr II. [Repealed by A d 36 of 1976.1

PART m. Administration of Intestate$ Estates in certain cases and
c- on p w t w

12. Administrator-General to be Administrator of intestates' estates

13. Charges on proputy of darrased to be paid primarily out of the

14. Savings

not exceeding one thousand dollars in value.

Property ch=Lwd.

1

INTESTATES’ ESTATES AND PROPERTY CHARGES

THE INTESTATES’ ESTATES AND PROPERTY
CHARGES ACT

(1st June, 1937.1

Preliminary

a p . 166
A*

36ofl976,
sch.

1 of w9,
IstSCh.
3 of 1988.

1. This Act may bc cited as the --hxtam’ Estafes an(- sh0r(tiu,,.
Property Charges Act.

2 .41 ) In this Act-- Intcrpntl-
lion.

(U) “residuary estate” means every beneficial interest
(including rights of entry and reverter) of the
intestate 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,

(b) “intestate” includes a person who leaves a will
but dies intestate as to some beneficial interest in
his real or personal estate;

including, where relevant-
(c) “personal chattels” iiieans furniture and effects, 3/1m

s. z(az

(i) articles of household or personal use or
ornament, plate, plated articles, linen,
china, glass, books, pictures, prints, jewel-
lery, musical and scientific instruments and
apparatus, wines: liquors and consumable
stores;

__ ~ ._ -.
[The inclusion of this pgt is authorized by L.N. 17/1!%39]

4 INTESTATES‘ ESTATES AND PROPERTY CHARGES

(ii) bicycles, stables, horses and domestic ani-

(iii) motor vehicles and accessories therefor;

(iv) furniture, motor vehicles or other effects,
used at the time of the death of the intestate
exclusively or principally for business pur-
poses; or

(v) money or securities for money;

(i) a smgle woman who has lived and cohabited
with a single man as if she were in law his
wife for a period of not less than five years
immediately preceding the date of his
death, and

(ii) a single man who has lived and cohabited
with a smgle woman as if he were in law
her husband for a period of not less than
five years immediately preceding the date
of her death;

(e) -single woman” and “shgle man” used with re-
ference to the definition of “spouse” include a
widow or widower, as the case may be, or a
divorcee.

mals, and

but not including-

(d) “ S ~ O U S ~ ” hc1ud~-

(2) Where for the purposes of this Act a person who
is a single woman or a single man may be regarded as a
spouse of an intestate then, as respects such intestate, only
one such person shall be so regarded.

3b1988
s. 2(b).

PART 1. Distribution of Estates of Intestates
3.-(I) With regard to the real estate and personal

w t inheritance of every person dying after the 1st June, 1937,
heir, curtay,
dower md there shall be abolished-
ucbut.

[The imindupion of nbis ~DDS w aupharizcd by L.N. 17/19891

INTESTATES ESTAILS A N D PROPERTY CHARGES

(a) all existing modes, rules and canons of descent,
and of devolution by special occupancy or other-
wise, of real estate, or of a personal inheritance,
whether operating by the general law, or other-
wise 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 otherwise howsoever; and

(c) dower and every other estate and interest of a wife
in real estate as to which her husband dies intes-
tate, whether arising under the general law or
otherwise howsoever; and

(d) escheat to the Crown.

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

4.-(1) The residuary estate of an intestate shall be suoDslion
distributed in the manner or held on the trusts specified h torealand
the following Table of Distribution- pnmnal atate on

int&cy,
3 1 1 W
E. 3. Table of Distribution

Item 1. The Surviving Spouse:
The surviving spouse of the intestate shall talc-

(a) the personal chattels absolutely;
(b) ten thousand dollars or a sum equal to ten per cent

of the net value of the estate (excluding personal
chattels), whichever is greater, free of death duties
and costs;

(c) interest at the rate of ten per cent per annum, or
such other rate as may be fixed pursuant to sub-
section (4), on the sum payable under paragraph
(b) until the sum is paid or appropriated; and

F e indushn of lh ia ~BBS k author&& by L.N. 17/1989]

6 INTESTATES' ESTATES A N D PROPERTY CHARGES

(d) the whole or a proportion of the residue of the
residuary estate (after making provisions pursu-
ant to paragraphs (a), (6) and (c) apportioned on
the following principles-

(i) if there is no child or other issue and no
parent surviving the intestate, the whole
of the residue aforesaid, absolutely;

(A) if there is only one child of the in-
teslate, two-thirds of such residue, ab-
solutely;

(B) if there is more than one child df the
intestate, one-half of such residue,
absolutely;

(iii) if there is no child or other issue surviving
the intestate but a surviving parent or
parents, as the case may be, two-thirds of
such residue, absolutely.

(ii) subject to subsection (5F

Item 2. The Issue:
There shall be held upon the statutory trusts for the issue

(a) if the intestate leaves no surviving spouse, the resi-
duary estate;

(b) if the intestate leaves a surviving spouse, the resi-
duary estate after taking account of all entitle-
ments of the surviving spouse under Item 1.

of the intestate-

Item 3. Purenfs:
If the intestate leaves a parent or parents and-

(a) leaves no surviving spouse or issue, the parents or
surviving parent, as the case may be, shall take
(where more than one survive the intestate, in
equal shares) the residuary estate, absolutely; -

p?,e inclunion of ahis p g e is authorized by L.N. 17/1989]

INTESTATET ESTATES AND PROPERTY CRARGES

(b) leaves a surviving spouse but no issue, the puWts
or surviving parent, as the ~ s e may be, shall take
(where more than one survive the intestate,
equal shares) the residue of the residuary estate
after payment or appropriation of all entitlements
of the surviving spouse under Item 1, absolutely.

Item 4. Other Eligible Relatives:
(1) If the lntestate leaves no surviving spouse., issue or

parents, the residuary estate shall devolve on the other
relatives entitled under this Item who survive the intestate,
in the following order and manner, namely-

@) kstly, be held under the statutory trusts for the
brothers and sisters of the whole blood of the
intestatq but if no person taks an absolutely
vested interest under such trush then

(b) secondly, be held under the statutory trusts f a
the brothers and sisters of the haU blood of
the inkstate; but if no person takes an absolutely
vested interest under such trusts; then

(c) thirdly, on the grandparents of the intestate and,
if more than one survive the intestate, in equal
shares, but if there is no member of thig class;
then

(d) fourthly, be held under the statutory trusts for
theuncles and aunts of the intestate (being
brothers and sisters of the whole blood of a
parent of the intestate); but if no person takes an
absolutely vested interest under such trusts; then

(e) fifthly, be held under the statutory trusts fa the
uncles and aunts of the intestate (being brothers
and sisters of the half blood of a parent of the
intestate).

ITho bclus~on of &h pape is authorkd by L.N. 17/398fl

E INTESTATES E,STATES AND PROPERTY CHARGES

(2) Any persons who are eligible, pursuant to this Item
or under the statutory trusts, to qualify for any interest in
the residuary estate are hereinafter referred to as "other
eligible relatives".

item 5 . Born V a c m i a :
lf-

(a) (be inteslate leaves no surviving spouse, issue,
parents or other eligible relatives, or

(6) for any other reason there is default of any
person taking an absolute interest under the pre-
ceding ltems of this Table,

he%, s u b p l 10 auose~uou ae residuary estate of the
intestate snad L I e : ~ ~ l v e uu tnc. Lrwn as born vuantia.

(2) ' lhe Lrowu, U WO~UUGG with exisung practice,
may provide ior U ~ ~ G : ~ ~ O . U L U , wbemer luudred or not, of
the inusta&, ancl OUGZ persous for whom the mtestate
myht reasonabiy have been ex- to &e provision
out of the whole or m y parr o& the property devolving to
the Crown d e r item 5 of the 'Lable of Uistribution.

(3) A husband u d wiie snall for all purposes oi dutri-
bution or uivision under thif section be treated BS two
persons.

(4) 'ihe Minister may by order published in the Gazette
vay the rate of interest specified in ltem I (c) of subsection
W, so, however, that such order shall be subject to nega-
tive resolution.

(5 ) Where a child of an intestate predeceases the intestate
and is survived by issue who survives the intestate. the hue
shall take the share to which that child would have been
entitled, so, however, that the apportionment of the estate
between the spouse and issue shall be on such basis as
would apply if the child of the intestate had survived the
intestate.

PIIC indusion of tbia page is authorized by L.N. 17/1969]

-
lNTESTATE3 ESTATES AND PROPERTY CHARGES . 9

5.-(1) Where under this Part the residuary estate of an s t . m w
trusts In &estate, or any part thereof, is directed to be held on the f avour of
issue nod

of W h f l v a
Of 1ntgtata

statutory trusts for the issue of the intestate, the same shall othu dlaKl
be held upon the following trusts, namely-

(i) in trust, in equal shares if more than one, for all
or any the children or child of the intestate, living
at the death of the intestate, who attain the age of
eighteen years or marry under that age, and for 111979
all or any of the issue living at the death of the
intestate who attain the age of eighteen years or
many under that age of any child of the intestate

through all degrees, accordmg 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 w
capable of taking

(3) 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;

(iii) where the property held on the statutory trusts for
issue is divisible into shares, then any money or
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 intes-
tate for the benefit of such child (inauding any life
or legs interest and including property covenanted
to be paid or settled) shall, subject to any contrary
intention expressed or appearing from the circum-
stances of the case, be taken as being so paid or
settled in or towards satisfaction of the share of
such child or the share which such child would have

I B t sch.

1 . ., . who predeceases the intestate, such issue to take

CI’b hlwbn of &is paoe b authorized tq U. 17/1989]

INTESTATE!? ESTATES AND PROPERTY CRARGES

taken if living at the death of the intestate, and
shall be brought into account, at a valuation (the
value to be reckoned as at the death of the intestate),
in accordance with the requirements of the personal
representatives;

(iv) the personal representatives may permit any infant
contingently interested to have the use and enjoy-
ment of any personal chattels in such manner and
subject to such conditions (if any) as the personal
representatives may consider reasonable, and with-
out being liable to account for any consequential loss.

(id Notwithstanding subsection (1) and that the interest
of an infant may not be vested, trustees or an administrator
may from time to time pay or apply any capital money
subject to the trust for the advancement or benefit of any
infant beneficiary in such manuer as they may, in their
absolute discretion think fit, so, however, b t -

6) the money so pud or applied for the advancement
or benefit of the infant beneficiary &all not

the amount which would be payable had the
interest of the infant beneficiary vested; and

(b) if the interest of the infant beneficiary vests in the
trust property the money so paid or applied shall
be brought into account as part of the share of
that beneficiary; and

(c) no such payment or application shall be made 80
as to prejudice any person entitled to any prior
life or other interest, whether vested or contingent,
in the money paid or applied unless such person
is in existence and of full age and consents in
writing to such payment or application.

( 1 ~ ) Subsection ( 1 ~ ) shall apply to d trusts existiug at

exceed in total an amount equal to one-half of

the 28th day of March, 1988.
F e imtusbn of is p a s ia authorized by L.N 17t1989I

INTESTATES ESTATES AND PROPERTY CHARGES

(2) If the trusts in favour of the issue of the intcstatc
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 heId
under the provisions of this Part as if the intestate
had died without leaving issue living at the death
of the intestate;

(b) references in this Part to the intestate “leaving no
issue” shall be construed as “leaving no issue who
attain an absolutely vested interest”;

(c) references in this Part to the intestate “leaving
issue’’ or “leaving a child or other issue” shall be
construed as “leaving issue who attain an
absolutely vested interest”.

(3) Where under this Part 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 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.

It

6. For the purposes of this Part the residuary &ate of m d
fbb.awsn 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 trust to
sell the same and to stand possessed of the net proweds of
sale, after payment of costs, and of the net rents and profits

Fe inclusion of this p.ge is iuthoriEsd by L.N. 17/3989l

I2

311988
S. s.

INTESTATES ESTATES AND PROPERTY CHARGES

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 dect to the rights of the persons (including an
incumbrancer of a former undivided share or whose
incumbrance is not smred by a legal mortgage) interested
in the land.

Where-
(a) an undivided 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 3s

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 Land Act.

7. The personal representative may, on the security of
the whole or pad of the residuarv estate of the intestate
(other than the personal chattels). ralse-

(U) the whole or anv part of any amount payable to a
surviving spouse pursuant to DamgraDhs (6) and
(c) of Ttem 1 of the Table of Dktnhtion: and

(b) the amount. if any, Droperlv required for the pay-
ment of the costs of thr tmnzaction.

8. Where anv petson dies leaving a will effedirelv
disposinlr of part of his p~opwtv this P~I? shall have
effect as respects the part of his p r o m not so disnosed of
subject to the provisions contrtind in the will and suhiwt
to the fonowing modifications-

F e Indmlon of this page is anthorjesd by L N. 17119891

INTESTATES ESTATES A N D PROPERTY CHARGES 13

(U) the requirements as to bringing property into
account shall apply to any beneficial interests
acquired by the surviving spouse and any issue of 3/1988
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 administra-
tion, be a trustee for the persons entitled under
this Part in r e s F t of the nart of the estate not
expressly disposed of unless it appears hy the will
that the personal representative is intended to take
such part beneficially.

9 . 4 1 ) References to any Statutes or Laws of Distribu- oonmudi~n
ddocll- tion in an instrument inter vivos made or in a will coming

into operation after the 1st June. 1937, shall be construed
as references to this Part; and references in such instrument
or will to statutory next of kin shall be construed, unless
the context otherwise requires, as refemng to the persons
who would take beneficially on an intestacy under the
foregoing provisions of this Part.

(2) Trusts declared in an instrument inter vivus made,
or in a will coming into operation, before the 1st June,
1937, by reference to the Statutes or Laws of Distribution,
shall, unless the contrary thereby appears, be construed
as referring to the enactments (other than the Intestates
Estates Law, 1906) relating to the distribution of effects
of intestates which were in force immediately before the
1st June, 1937.

lO.-(l) Where an infant dies after the 1st June, 1937, Sawiws
without having been mamed. and independently of this
subsection he would, at his death, hate been equitably
entitled under a settlement (including a will) to a vested

IThc inolusibn of lhis page fs authorised by L.N. 17/1989]

14 INTESTATEF ESTATES AND PROPERTY CRARGES

estate in fee simple or absolute interest in freehold land,
such infant shall be deemed to have had an entailed interest,
and the settlement shall be construed accordingly.

(2) Thii Part does not affect the devolution of an
entailed interest as an equitable interest.

PART II. (Repenled by Act 36 of 1976.1

PART III. Administration of Zntesfates' Estures in certain
cases and Charges on Property

him- 12. Notwithstanding anything contained in the Eziz- Administrator-General's Act, or any enactment amending or
n i m m irIWtate3' substituted for the same, where the residuary estate of the
csfatn.not intestate does not exceed one thousand dollars, or where it
ow exceeds that sum and a minor is entitled to a share thereof,
$ $ or where a testator does not appoint an executor or where
Q v h the executor has died before the testator or renounces, it

shall be the duty of the Administrator-General to apply for
letters of administration to the estate and, unless the Court
is satisfied that it would be for the benefit of the estate that
letters of administration ought to be granted to some other
person, letters of administration to such estate shall be
granted to the Administrator-General.

#.--(I) Where a person dies possessed of, or entitled to,
or, under a general power of appointment by his will
disposes of, an interest in property, which at the time of
his death is charged with the payment of money, whether
by way of legal mortgage, equitable charge or otherwise
(including a lien for unpaid purchase money), and the
deceased has not by will, deed or other document signified a
contrary or other intention, the interest so charged, shall,

m e inclusha of lhis pape is authorieed by LN. 17/1989]

INTEST.ATE9 ESTATES A N D PROPERTY CHARQES

aa between the d3erent persons claiming through the
deceased, be primarily liable for the payment of the charge;
and every part of the said interest, according to its value,
shall bear a proportionate part of the charge on the whole
thereof.

(2) Such contrary or other intention shall not be

(a) by a general direction for the payment of debts or
of all the debts of the testator out of his personal
estate, or his residuary real and personal estate,
or his residuary real estate; or

deemed to be

(b) by a charge of debts upon any such estate,
unless such intention is further signified by words expressly
or by necessary implication referring to all or some part of
the charge.

(3) Nothing in this section affects the right of a
person entitled to the charge to obtain payment or satsac-
tion thereof either out of the other assets of the deceased or
otherwk.

14. Nothing in this Act shall &ect any unrepealed &rinol
enactment dispensing with probate or administration 84
respects persod estate not including chattels real.

1s

Cmc ind- of tbir page b authorized by LN. 17119891
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