Minority and Life Interest and Second Administrators

• Author: Karen Nunez-Tesheira
• Pages: 283-290

Minority and Life Interest / 283

INTRODUCTION

Eastern Caribbean territories (save St Lucia) The Bahamas and Jamaica

The law and practice with respect to minority, life interest and second

administrators are applicable to the Eastern Caribbean territories (save St

Lucia),1 and more recently the Bahamas with the passage of the Supreme

Court Act 15 1996,2and to a qualified extent, to Jamaica, as a consequence

of the passage of the CPR 2002.

MINORITY AND LIFE INTEREST

Pursuant to:

(a) (i) s.14(2) and (3) of the Administration of Estates Act Cap.

377, St Vincent & the Grenadines,

(ii) s.114(2) and (3) of the Supreme Court Act 1981, England—

Eastern Caribbean territories (save St Vincent & the

Grenadines),3 and

(b) r.6(2) of the N.C.P.R. 1954, England in the case of Dominica and

r.8(4) N.C.P.R. 1987, England with respect to the other Eastern

Caribbean territories,

on an application for a grant of administration the oath must state whether

or not any minority or life interest arises under a will or intestacy.

Accordingly, the oath to lead a grant of administration (with or without

will annexed) must include a statement as to whether or not a minority or

life interest arises under the deceased’s will or intestacy.

The Bahamas

Although s.42(2) and (3) of the Supreme Court Act 15/1996 are essentially

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Minority and Life Interest

and Second Administrators