Probates (Resealing) Act, 2021

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9… Probates (Resealing) Act repealed.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

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

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.

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

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.