Regulatory Alerts2021-05-13
Property (Miscellaneous Provisions) (Amendment) Act, 2021
The Legislature of the Virgin Islands enacted this Act to amend the 2003 Property Act by inserting a new section that validates dispositions in favor of unborn illegitimate children and clarifies the retrospective application of trust and disposition rules. The legislation explicitly shields prior property distributions from restitution or compensation claims triggered by this legal change, defining valid distributions as those unimpugnable under the prevailing law at the time of transfer. The Act will commence on a date designated by the Governor through an official Gazette proclamation.
1 No. 11 of 2021 VIRGIN ISLANDS PROPERTY (MISCELLANEOUS PROVISIONS) (AMENDMENT) ACT, 2021 ARRANGEMENT OF SECTIONS Section 1…Short title and commencement. 2…Section 3A inserted. 3…Section 4 repealed and substituted.
2 No. 11 of 2021 Property (Miscellaneous Provisions) Virgin (Amendment) Act, 2021 Islands I Assent (Sgd.) John J. Rankin, CMG Governor. 7 th May, 2021 VIRGIN ISLANDS No. 11 of 2021 An Act to amend the Property (Miscellaneous Provisions) Act, 2003 (No. 12 of 2003) and to provide for other matters connected therewith. [Gazetted 13th May, 2021] ENACTED by the Legislature of the Virgin Islands as follows: Short title and 1. (1) This Act may be cited as the Property (Miscellaneous Provisions) commencement. (Amendment) Act, 2021. (2) This Act shall come into force on such date as the Governor may, by Proclamation published in the Gazette, appoint. Section 3A 2. The Property (Miscellaneous Provisions) Act, 2003 (hereinafter referred to as “the inserted. principal Act”) is amended by inserting after section 3, the following new section – No. 12 of 2003 “Exclusion of 3A. (1) Any rule of law or policy that a disposition in rule of law or favour of an illegitimate issue not in being when the disposition policy in takes effect is void as contrary to public policy, shall not apply to a relation to disposition of property. unborn illegitimate issue. (2) No person who, prior to the date of coming into force of this Act, has made a valid distribution of property, no
3 person to whom such property has, prior to that date, been paid, transferred or distributed, and no person tracing property through any of them, shall be liable to make restitution of such property, or to pay compensation in respect thereof, as a result of any change in the law made by subsection (1). (3) In subsection (2), the expression “valid distribution of property” means any payment, transfer or distribution of property which could not have been impugned under the law in force at the time of such payment, transfer or distribution.”. Section 4 3. Section 4 of the principal Act is repealed and substituted by the following – repealed and substituted. “Application. 4. (1) Sections 2 and 3 apply to any trust, instrument or joint tenancy created or executed or purportedly created or executed before, on or after the date on which this Act comes into force, and no such trust, instrument or joint tenancy shall be invalid by reason only of the fact that it was created or executed or purportedly created or executed prior to that date. (2) Section 3A (1) applies to any disposition created or made or purportedly created or made before, on or after the date on which this Act comes into force, and no such disposition shall be invalid by reason only of the fact that it was created or made or purportedly created or made prior to that date.”. Passed by the House of Assembly this 22nd day of April, 2021. (Sgd.) Julian Willock, Speaker. (Sgd.) Phyllis Evans, Clerk of the House of Assembly.