Probates (Resealing) Act, 2021

1 No. 17 of 2021 VIRGIN ISLANDS PROBATES (RESEALING) ACT, 2021 ARRANGEMENT OF SECTIONS Section 1… Short title. 2… Interpretation. 3… Resealing of probate or letters of administration. 4… Conditions precedent to sealing. 5… Security for payment of debt. 6… Effect of duplicate of probate or letters of administration. 7… Rules of Court. 8… Amendment of Schedule. 9… Probates (Resealing) Act repealed. SCHEDULE

2 No. 17 of 2021 Probates (Resealing) Act, 2021 Virgin Islands I Assent (Sgd.) John J. Rankin CMG Governor. 14th June, 2021 VIRGIN ISLANDS No. 17 of 2021 An Act to provide for the resealing of probates and letters of administration granted by a court of probate in a recognised jurisdiction in respect of the estate of deceased persons and for other matters connected therewith. [Gazetted 22nd June, 2021] ENACTED by the Legislature of the Virgin Islands as follows: Short title and 1. (1) This Act may be cited as the Probates (Resealing) Act, 2021. commencement. (2) This Act shall come into force on such date as the Governor may, by Proclamation published in the Gazette, appoint. Interpretation. 2. In this Act, unless the context otherwise requires – “Court” means the High Court; “court of probate” means any court or authority, by whatever name designated, that has jurisdiction in matters of probate; “probate or letters of administration” include confirmation in Scotland and any instrument having the same effect which, under the laws of the Virgin Islands, is given to probate or letters of administration; and “recognised jurisdiction” means any of the jurisdictions specified in the

3 Schedule Schedule. 3. (1) Where a court of probate in a recognised jurisdiction has, either before or after the coming into force of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the Court, be sealed with the seal of the Court. (2) Where probate or letters of administration is sealed with a seal of the Court pursuant to subsection (1), the probate or letters of administration so sealed shall have the like force and effect, and have the same operation in the Virgin Islands, as if it were granted by the Court. Conditions 4. (1) The Court shall, before sealing a probate or letters of administration under precedent to this Act, be satisfied that stamp duty has been paid in respect of so much, if any, of the sealing. estate as is liable to stamp duty in the Virgin Islands. (2) For the purposes of subsection (1) (a) the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person; and (b) “stamp duty” includes any duty payable on the value of the estate and effects for which probate or letters of administration is granted. Security for 5. The Court may, if it considers it fit on the application of a creditor, require, before payment of debt. sealing a probate or letters of administration, that adequate security be given for the payment of debts due from the estate of the deceased person to creditors residing in the Virgin Islands. 6. For the purposes of this Act, a duplicate of any probate or letters of administration sealed with the seal of the Court granting the probate or letters of administration, or a copy thereof certified as correct by or under the authority of the Court granting the probate or letters of administration, shall have the same effect as the original. Rules of Court. 7. Rules of Court may make provision for regulating the procedure and practice, including fees and costs in the Court, on and incidental to an application for sealing a probate or letters of administration granted under this Act. Amendment of 8. The Governor may, with the agreement of Cabinet, by Order published in the Schedule. Gazette, amend the Schedule. Repeal. 9. The Probates (Resealing) Act is repealed. Cap. 60 Resealing of probate or letters of administration. Effect of duplicate of probate or letters of administration.

4 SCHEDULE [Sections 2 and 8] List of Recognised Jurisdictions

1. Alberta
2. Anguilla
3. Antigua and Barbuda
4. Australia (including each of the Provinces thereof)
5. Bahamas
6. Barbados
7. Belize
8. Bermuda
9. Botswana
10. British Antarctic Territory
11. British Columbia
12. British Sovereign Base Areas in Cyprus
13. Brunei
14. Canada (including each of the Provinces thereof, except Quebec)
15. Cayman Islands
16. Christmas Islands (Australia)
17. Cocos (Keeling) Islands
18. Cyprus (Republic)
19. Dominica
20. England and Wales
21. Falkland Islands
22. Falkland Islands Dependencies
23. Fiji
24. Gambia
25. Ghana
26. Gibraltar
27. Grenada
28. Guernsey
29. Guyana
30. Hong Kong (including The Hong Kong Special Administrative Region of the People’s Republic of China)
31. Isle of Man
32. India
33. Jamaica
34. Jersey
35. Kenya
36. Kiribati
37. Lesotho
38. Malawi
39. Malaysia

5 40. Montserrat 41. Nevis 42. New Guinea Territory 43. New Zealand 44. Nigeria 45. Norfolk Island 46. Northern Ireland 47. Papua New Guinea 48. St. Helena 49. St. Kitts 50. St. Lucia 51. St. Vincent 52. Scotland 53. Seychelles 54. Sierra Leone 55. Singapore 56. Solomon Islands 57. South Africa 58. Sri Lanka 59. Swaziland 60. Tanzania 61. Trinidad and Tobago 62. Turks and Caicos Islands 63. Tuvalu 64. Uganda 65. United States of America (including the District of Columbia and US Territories) 66. Zambia 67. Zimbabwe Passed by the House of Assembly this 6th day of May, 2021. (Sgd.) Julian Willock, Speaker. (Sgd.) Phyllis Evans, Clerk of the House of Assembly.