Administration Bond/ Surety Guarantee

• Author: Karen Nunez-Tesheira
• Pages: 271-282

Administration Bond/ Surety Guarantee / 271

ADMINISTRATION BOND1

Subject to certain exemptions, every person to whom a grant of

administration with or without will annexed is made is required to give a

bond,2for the due collecting, getting in and administering of the real and

personal estate of the deceased.3 With the exception of Barbados, the bond

is lodged with the other papers to lead the relevant grant of representation.

Barbados

In practice, after the grant of letters of administration has been signed by

the registrar, but prior to the issuance of the grant itself, the administrator

and sureties are required to enter into a bond with the registrar. The bond

is contained in a Bond Book kept in the Registry for that purpose. The

applicant and sureties are required to attend the Registry for the purposes

of executing the bond before a legal assistant.

Exemptions and Waivers

Persons who are exempted from giving a bond include:

(a) the Public Trustee by virtue inter alia of the Public Trustee Acts/

Ordinances of the various territories;4

(b) the Administrator General in Jamaica and Trinidad & Tobago;5and

in all jurisdictions

(c) applicants for small estate grants.

Jamaica

Although s.18 of the Administrator General’s Act makes provision for the

entering of a bond by an administrator, other than the Administrator

General, the new CPR 2002, which takes effect from January 1, 2003, has

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Administration Bond/Surety

Guarantee