Introduction

• Author: Karen Nunez-Tesheira
• Pages: 1-19

Introduction / 1

SCOPE OF WORK

This book proposes to examine the non-contentious probate practice and

procedure in the following English-speaking Caribbean territories:

AnguillaMontserrat

Antigua & BarbudaSt Christopher & Nevis

BarbadosSt Lucia

DominicaSt Vincent & the Grenadines

GrenadaThe Bahamas

GuyanaTrinidad & Tobago

Jamaica

Meaning of Non-contentious business

Non-contentious, or common form probate business as it is otherwise called,

is concerned with the business of obtaining probate and administration

where there is no contention to the right thereto and includes the granting

of probate and administration in contentious cases when the contest is

terminated and all business of a non-contentious nature to be taken in

court in matters of testacy and intestacy not being proceedings in any suit,

and also the business of lodging caveats against the grant of probate or

administration.1

Accordingly, this book will focus on the following areas of non-

contentious or common form probate business, including the procedure

and practice relevant to:

(a)obtaining a grant of representation, whether general, limited, special

or subsequent;

(b)resealing a grant of representation;

(c)amending or revoking a grant;

(d)pursuing citation and caveat proceedings.

(e)family provision applications

Introduction

2 / Probate Practice and Procedure

RULES OF PRACTICE AND PROCEDURE

In so far as the rules which govern non-contentious probate practice and

procedure are concerned, the aforementioned Caribbean territories may be

divided into two categories:

(a)those with indigenous probate rules; and

(b)those which have no indigenous probate rules. -

Territories With Indigenous Probate Rules

Barbados, Guyana, Jamaica, St Lucia, The Bahamas

and Trinidad & Tobago

Although the above territories have indigenous probate rules, these rules,

with the limited exception of Jamaica as of January 1, 2003, are not

comprehensive. More particularly, none of these territories, with the

exception of Jamaica, has probate rules which provide for the practice and

procedure to be adopted with respect to special, limited or second grants

of representation.

However by virtue of the relevant reception provision of these territories,

which effectively provides for the importation of English probate practice

and procedure where no indigenous rules of law or special provision exist2

the English procedure and practice with respect inter alia to special limited

and second grants are received and applied in these jurisdictions, and

adapted to the existing local probate practice and procedure. The result is

a curious and somewhat unsettling blend of indigenous and English probate

rules, with no clearly defined parameters with respect to the application

and applicability of these English rules to the local probate practices which

have developed.

Reception Provisions and Applicable Probate Rules

Barbados

Reception provision — The Supreme Court of Judicature Act Cap. 117A

which replaced the Supreme Court Act Cap. 117 contains no reception

provision. However s. 3 of the current Supreme Court Act provides that:

The Supreme Court of Judicature consisting of the High Court and of the

Court of Appeal . . . continue to have and exercise the jurisdiction, powers and

authorityheretofore vested (emphasis mine) in those courts and any other

jurisdiction, powers and authority conferred respectively on those Courts by

this Act or by any other Act.