{"kind":"expression","expression":{"expr_id":"449","doc_id":"449","label":"2021 Revision","is_as_enacted":"f","commenced_on":"2021-02-19","superseded_on":null,"valid_from":"2021-02-19","valid_to":null,"is_current":"t","incorporating":"[\"LAW35\/2020 Civil Partnership Law, 2020 - LG64\/2020\/s1 - 4-Sep-2020\", \"LAW45\/2020 Succession (Amendment) Law, 2020 - LG64\/2020\/s11 - 4-Sep-2020\", \"LAW56\/2020 Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1 - 3-Dec-2020\"]","akn_expr_iri":"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1975\/18\", \"expression\": \"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19\", \"manifestation\": \"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19.pdf\"}, \"pdf\": {\"md5\": \"64b4886e091a10459cae77a656a0fa66\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1975\/1975-0018\/1975-0018_2021 Revision.pdf\", \"pages\": 24, \"filename\": \"1975-0018_2021 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 7930, \"paragraph_count\": 46, \"text_char_count\": 50797}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Succession Act (2021 Revision) 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Succession of an equitable interest in fee simple vested in a person under the age of 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. ENDNOTES Succession Act (2021 Revision) (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Succession Act (2021Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Act \u2014 \u201cadministrative expenses\u201d do not, for the purpose of calculating any commission payable to a personal representative under section 6, include such commission; \u201cBritish court in a foreign country\u201d means any British court having jurisdiction out of Her Majesty\u2019s dominions in pursuance of an Order in Council, whether made under any Act or otherwise; \u201cchild\u201d or \u201cissue\u201d includes an individual \u2014 (a) who is the offspring of a party, or both parties, to a civil partnership; or (b) who has been treated by a party, or both parties, to a civil partnership as a child or issue of the family, including a stepchild, an adopted or foster child or a child born to parents who were not in a civil partnership; \u201ccivil partner\u201d has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020]; \u201ccivil partnership\u201d has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020]; \u201cCourt\u201d means the Grand Court and includes a judge of that Court; Succession Act (2021 Revision) \u201cCourt of Probate\u201d means any court or authority, by whatever name designated, having jurisdiction in matters of probate; \u201cHer Majesty\u2019s dominions\u201d includes any British Protectorate or protected state and any territory in respect of which a mandate on behalf of the United Nations has been accepted by Her Majesty; \u201cintestate\u201d includes a person who leaves a will but dies intestate as to some beneficial interest in that person\u2019s real or personal estate; \u201cland\u201d includes all hereditaments corporeal and incorporeal; \u201cnet value\u201d in relation to a deceased estate means, in respect of a person dying wholly intestate, the value of the residuary estate and, in respect of any other deceased person, an amount equivalent to what would have been the residuary estate had such person died intestate less all pecuniary legacies and all specific devises and bequests as valued for the purpose of the winding up of such estate; \u201cnext-of-kin\u201d, in relation to a person, includes the person\u2019s civil partner; \u201cparent\u201d includes a person who is a parent of a child or issue by virtue of a civil partnership; \u201cpersonal chattels\u201d means vehicles, animals and accessories (not kept or used for business purposes), garden tools and furniture, plate, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but does not include any chattels used at the death of the intestate for business purposes, nor money nor securities for money; \u201cpersonal representative\u201d means an executor or administrator who has obtained probate or letters of administration; \u201cprescribed\u201d means prescribed by any rule or by this Act; \u201cprobate\u201d and \u201cletters of administration\u201d include confirmation in Scotland, and any instrument having in any part of Her Majesty\u2019s dominions or in any foreign country the same effect which under English law is given to probate and letters of administration respectively; \u201crecorded\u201d means recorded in the public records of the Islands; \u201cregistered land\u201d means land registered under the Registered Land Act (2018 Revision) or any other law under which land may officially be registered; \u201cresiduary estate\u201d with respect to an intestate means every beneficial interest (including rights of entry or in reversion) of the intestate in real and personal estate after payment of all funeral and administration expenses, debts and other liabilities as are properly payable thereout, which (otherwise than in right of a power of appointment) the intestate could, if of full age and capacity, have disposed of by will; \u201crelative\u201d, in relation to a person, includes the person\u2019s civil partner; and Succession Act (2021 Revision) \u201crules\u201d mean Rules of Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Grant of probate and letters of administration and the effect thereof 3. (1) No person acting otherwise than as an agent of necessity shall take possession of or in any manner administer any part of the estate of a deceased person unless that person has first obtained from the Court a grant of probate of the will or letters of administration of the estate of such deceased person. (2) No grant of probate or letters of administration shall be made to a person who has not attained the age of eighteen years. (3) No grant of probate or letters of administration in respect of an estate of a deceased person shall be granted to more than four persons jointly. (4) A grant of probate of the will of a deceased person shall be deemed to take effect from the time of the death of such person. (5) A grant of letters of administration of the estate of a deceased person shall take effect from the time of the grant. (6) A person who has been named in the will of a deceased person as an executor and who has not attained the age of eighteen years at the time of the death of such deceased person may, on attaining the age of eighteen years, apply for a grant of probate of the said will and such grant shall take effect from the date thereof. (7) Applications to the Court for grants of probate or letters of administration shall be made in the manner prescribed. (8) Where a deceased person has left a will in which no executor is named the Court shall make a grant of letters of administration with the will annexed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Time for obtaining probate, etc. 4. In the absence of special leave of the Court, probate of the will or letters of administration of the estate of a deceased person must be obtained within six months of the death or within two months of the termination of any dispute touching the right to such probate or letters of administration.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"One year to administer an estate 5. Personal representatives shall have one year within which to realise and administer an estate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Commission to be paid to personal representatives 6. A personal representative shall be entitled to, or if there are two or more personal representatives shall be entitled to share equally, a commission on the net value of the estate, in the following scale \u2014 For the first $100,000 net value 3 per cent Succession Act (2021 Revision) For the next $100,000 net value 2 per cent For the balance 1 per cent Subject to a minimum commission of $300: Provided however that, where a testator has by that testator\u2019s will directed that the testator\u2019s executor shall be paid for the executor\u2019s services or has made a devise or bequest to the testator\u2019s executor in lieu of the executor being paid for the executor\u2019s services, such executor shall not be entitled to claim any commission under this section unless the executor shall file a renunciation of the executor\u2019s claim under the will within ten days of the grant of probate or letters of administration and elects to be paid the commission allowed by this section in lieu thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Accounts must be filed 7. Every personal representative shall, within one year after the grant of probate or letters of administration, file in the office of the Clerk of the Court, accounts, showing the receipts and distributions of the testator\u2019s or intestate\u2019s estate, duly supported by affidavit, and such accounts shall be open to the inspection of persons beneficially interested.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Removal of personal representative 8. The Court may, on the petition of any beneficially interested person, remove any personal representative found responsible for neglect or misconduct in the management or administration of the estate and may appoint another suitable person in that person\u2019s place.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Retirement and substitution of personal representative 9. The Court may grant leave to a personal representative to retire, upon the passing of the personal representative\u2019s accounts, and on such terms as the Court may think fit. The Court may by such order or upon the death or incapacity of a personal representative appoint a suitable person to administer the estate of the deceased in the place of such personal representative permitted to retire or who has become incapacitated or who has died.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Application in chambers 10. Applications for removal or the substitution of a personal representative may be made by chamber summons.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Former rules to apply pro tem 11. Until such time as further provision is made, the rules, forms and practices in force and used in the Court immediately before the commencement of this Act shall continue to be used by the Court in the exercise of its jurisdiction in respect of the probate of wills and the administration of the estates of persons dying domiciled or leaving property in the Islands. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Procedure as to grant of administration 12. (1) The Clerk of the Court shall, immediately after any application made to the Court for administration of the estate of any deceased person, cause notice thereof, with the several particulars which may from time to time be required by the rules, to be publicly posted in the Court House for three consecutive weeks; and no administration shall be granted by the Court until the expiration of twenty-one days from the day of the application for the grant, nor, unless the same is unopposed, shall administration be granted except upon the judgment of the Court: Provided that, and it is hereby declared that, unless the Court so orders, this section does not apply to an application to the Court for a grant of probate (as opposed to letters of administration) nor to an application for the sealing by the Court of a probate or letters of administration granted by a court outside the Islands. (2) The Court shall, in granting letters of administration, have regard to the rights and interests in the estate of the persons making application therefor and the rules shall provide guidance as to priorities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Solemn form 13. When proceedings are taken for the proving of a will in solemn form, or for revoking the probate of any will on the ground of the invalidity thereof, the party taking such proceedings shall bring an action commenced by writ of summons and thereupon a summons shall issue to the next-of-kin and any persons pretending interest in the estate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Caveat procedure 14. Caveats against the grant of probate or administration by the Court may be lodged in the office of the Clerk of the Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Procedure of judgments 15. On judgment being given by the Court in any contentious case for the grant or revocation of probate or letters of administration the Court shall thereupon grant probate or letters of administration to the party or parties in whose favour such judgment has been given, in accordance with such judgment, or as the case may require, and thereupon any probate or letters of administration theretofore granted shall be revoked or varied according to the effect of such judgment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Time for returning inventory 16. The Court shall fix the period within which any person obtaining probate or letters of administration of the estate of any deceased person shall be required to return the inventory of the estate and effects of the testator or intestate, and shall have power to extend such time if need be. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Evidence by affidavit receivable 17. It shall be lawful for the Court, on application being made to it for probate of any will or for letters of administration, to receive evidence by affidavit of the due execution of the will, and of all matters and things required to be proved in support of such application; and it shall be sufficient in all cases where an oath is required to be taken that such oath shall be in writing and sworn before a Justice of the Peace and filed in the Court: Provided that in cases where letters of administration are applied for by any person in the character of a creditor of the deceased, such person shall appear personally in the Court, and shall be required to give strict proof of the several matters relied on that person in support of that person\u2019s application.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Records of wills and grants 18. The Clerk of the Court shall cause true copies of all original wills of which probate or letters of administration with the will annexed have been granted by the Court to be kept in a book kept in the Court office and shall carefully compare the same with the original will and shall thereafter transmit the original will, with such particulars of the grant of probate or letters of administration thereof as may be required by the rules, to the Public Recorder to be recorded and kept by the Public Recorder in the Public Recorder\u2019s office: Provided that when any probate or letters of administration granted as aforesaid is revoked, either by the Court or by the Court of Appeal, the Clerk of the Court shall cancel the aforesaid entry in such way as may be prescribed and shall transmit to the Public Recorder a certificate under the hand and seal of the court of the revocation of the said probate or letters of administration and the Public Recorder shall, on receipt of such certificate, cancel the entry and record of such will in such way as may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Administration bond 19. Every person to whom any grant of administration is made shall give a bond to Her Majesty, with one or more surety or sureties, conditioned for duly collecting, getting in and administering the estate of the deceased, and such bond shall be in a penalty of double the amount of the sworn value of the estate and effects of the deceased unless the court in any case thinks fit to direct the same to be reduced, and such bond may also limit the liability of any surety to such amount as the Court shall think reasonable. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Protection of persons acting bona fide as personal representatives 20. When any probate or letters of administration granted under this Act is revoked, all payments made bona fide to any personal representatives under such grant before the revocation thereof shall be a legal discharge to the person making the same; and the personal representative who has acted under such revoked probate or administration may reimburse themselves in respect of any payments made by that personal representation which the person to whom probate or letters of administration is afterwards granted might lawfully have made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Office copies 21. The copy of any will of which probate or letters of administration with the will annexed has been granted by or sealed by the Court, attested as a true copy by the Clerk of the Court having the custody of the same, and under the seal of the Court, or a copy of any such will proved in the Court, certified under the hand and seal of the Public Recorder to be a true copy of such will shall, so long as such probate or letters of administration is unrevoked, be received as conclusive evidence of the validity and contents of such will.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Costs 22. The Court and the Court of Appeal have power to award costs and enforce the payment thereof, either out of the estate in controversy or against any litigant before such court by virtue of this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Sealing probates and letters of administration granted outside the Islands 23. (1) Where a court of probate in any part of Her Majesty\u2019s dominions, or in any foreign country, or a British court in a foreign country, has 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, and thereupon shall be of the like force and effect and have the same operation in the Islands as if granted by the Court. (2) For the purposes of this Act, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Security for payment of debts 24. The Court acting under section 23 may, if it thinks fit, on the application of any interested person, require, before sealing, that adequate security be given for the payment of debts due from the estate to public or private creditors residing in the Islands. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Devolution of real estate to personal representatives 25. (1) Where real estate is vested in any person, without a right in any other person to take by survivorship, it shall, on that person\u2019s death, notwithstanding any testamentary disposition, devolve to and become vested in that person\u2019s personal representatives or representative from time to time, in the same manner as personalty vesting in them or him. (2) This section shall apply to any real estate over which a person executes by will a general power of appointment, as if it were real estate vested in him. (3) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Vesting of estate of intestate between death and grant of administration 26. When a person dies intestate that person\u2019s estate, until administration is granted in respect thereof, shall vest in a Judge of the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Personal representatives to hold real estate on the same trusts as personalty 27. Subject to this Act, the personal representatives shall hold the real estate of the deceased as trustees for the person by law beneficially entitled thereto and subject to the same liabilities for debt, costs and expenses and with the same incidents, including powers of appropriation as if it were personalty, save that it shall not be lawful for some or only one of several joint representatives, without the authority of the Court, to sell or transfer real estate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Assent, etc., by personal representatives 28. (1) Personal representatives may at any time assent in writing to any devise contained in the will of the deceased person, or may convey the land to any person entitled thereto as heir, devisee or otherwise, and may make the assent or conveyance, subject or not to any charge which the personal representatives are liable to pay, and on such assent or conveyance, all liabilities of the personal representatives in respect of the land shall cease except as to any acts done by them before such assent or conveyance. (2) At any time after the expiration of one year from the death of the owner of any land, if that owner\u2019s personal representatives have failed on the request in writing of the person entitled to the land to convey the land to that person, the Court may, if it thinks fit, on the application of that person, and after notice to the personal representatives, order that the conveyance be made or, in the case of registered land, that the person so entitled be registered as the proprietor of the land either solely, or jointly with the personal representatives. (3) The production of an assent in the prescribed form by the personal representatives of a deceased proprietor of registered land shall authorise the Succession Act (2021 Revision) Registrar of Lands to register the person named in the assent as proprietor of the land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Succession to real and personal estate on intestacy 29. (1) The residuary estate of an intestate, not being an entailed interest, shall be distributed in the manner or held on the trusts mentioned in this section namely \u2014 (a) if the intestate leaves a husband, wife or civil partner and issue, the surviving spouse or civil partner shall take the personal chattels absolutely, and in addition the residuary estate of the intestate (other than personal chattels) shall stand charged with the payment of a net sum of twenty thousand dollars or a sum equal to fifty per centum of the net value of the estate (which ever may be the greater), to the surviving spouse or civil partner with interest thereon from the date of death at the rate of five per centum per annum until paid or appropriated, and subject to providing for such sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held upon trust on the statutory trusts for the issue of the intestate, but if those trusts fail or determine in the lifetime of the surviving spouse or civil partner, then upon trust for the surviving spouse or civil partner for the residue of that person\u2019s life; (b) if the intestate leaves a husband, wife or civil partner but no issue, the surviving spouse or civil partner shall take the personal chattels absolutely and the residuary estate of the intestate shall be held \u2014 (i) if the intestate leaves a surviving parent or parents, as to twenty-five per centum for each parent or parents (as the case may be) absolutely and as to seventy-five per centum for the surviving spouse or civil partner absolutely; or (ii) if the intestate leaves no surviving parent or parents, for the surviving spouse or civil partner absolutely; (c) if the intestate leaves issue but no husband, wife or civil partner, the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate; (d) if the intestate leaves no issue but both parents, then, subject to the interest of the surviving spouse or civil partner, the residuary estate of the intestate shall be held in trust for the parents in equal shares absolutely; (e) if the intestate leaves no issue but one parent, then, subject to the interest of a surviving spouse or civil partner, the residuary estate of the intestate shall be held in trust for such parent absolutely; (f) if the intestate leaves no issue or parent, then, subject to the interests of the surviving spouse or civil partner, the residuary estate of the intestate shall Succession Act (2021 Revision) be held in trust for the following persons surviving the intestate, and in the following order and manner \u2014 (i) on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then (ii) on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then (iii) for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then (iv) on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no such person takes an absolutely vested interest under such trusts; then (v) on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts; then (vi) for the surviving spouse or civil partner of the intestate absolutely; and (g) in default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown as bona vacantia, and in lieu of any right of escheat: Provided that the Crown may, out of the whole or any part of the property devolving on the Crown as aforesaid provide, in accordance with existing practice, for the dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision. (2) A husband, wife or the parties to a civil partnership shall for all purposes of distribution or division under the foregoing provisions of this section be treated as two persons. (3) Where the intestate and the intestate\u2019s husband, wife or civil partner have died in circumstances rendering it uncertain which of them survived the other and the intestate\u2019s husband, wife or civil partner is by virtue of section 36 deemed to have survived the intestate, this section shall, nevertheless, have effect as respects the intestate as if the husband, wife or civil partner had not survived the intestate. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Statutory trusts 30. (1) Where, by this Act, the residuary estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts \u2014 (a) in trust in equal shares if more than one, for all or any of the children or child of the intestate, surviving the intestate, who attain the age of eighteen years or marry or enter into a civil partnership under that age, and for all or any of the issue surviving the intestate who attain the age of eighteen years or marry or enter into a civil partnership under that age of any child of the intestate who predeceases that intestate, such issue to take through all degrees according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that no issue shall take whose parent is living at the death of the intestate and so capable of taking; (b) the statutory provisions which relate to maintenance and accumulation of surplus income shall apply, but where a person under the age of eighteen years marries or enters into a civil partnership, such person shall be entitled to give valid receipts for the income of that person\u2019s share or interest; (c) where the property held on the statutory trusts for issue is divided into shares, then any money or property which, by way of advancement or on the marriage or the entering into a civil partnership of a child of the intestate has been paid to such child by the intestate or settled by the intestate for the benefit of such child (including any life or less interest and including property covenanted to be paid or settled) shall, subject to any contrary intention expressed or appearing from the circumstances of the case, be taken as being so paid or settled in or towards satisfaction of the share of such child or the share which such child would have taken if living at the death of the intestate, and shall be brought into account, at a valuation (the value to be reckoned as at the death of the intestate), in accordance with the requirements of the personal representatives; and (d) the personal representatives may permit any child under the age of eighteen years contingently interested to have the use and enjoyment of any personal chattels in such manner and subject to such conditions (if any) as the personal representatives may consider reasonable, and without being liable to account for any consequential loss. (2) If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolutely vested interest \u2014 (a) the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as has not been paid or applied under any power affecting the same, shall go, devolve Succession Act (2021 Revision) and be held under this Act as if the intestate had died without leaving issue surviving the intestate; (b) references to the intestate \u201cleaving no issue\u201d shall for the purpose of this section and section 29 be construed as \u201cleaving no issue who attain an absolutely vested interest\u201d; and (c) references in this section and section 29 to the intestate \u201cleaving issue\u201d shall be construed as \u201cleaving issue who attain an absolutely vested interest\u201d. (3) Where under this Act the residuary estate of an intestate or any part thereof is directed to be held on the statutory trusts for any class of relatives of the intestate, other than issue of the intestate, the same shall be held on trusts corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account) as if such trusts (other than the aforesaid) were repeated with the substitution of references to the members or member of the class for references to the children or child of the intestate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Incidence of statutory trusts 31. (1) For the purposes of this Act, the residuary estate of an intestate, or any part thereof, directed to be held upon the \u201cstatutory trusts\u201d shall be held upon trust to sell the same and to stand possessed of the net proceeds of sale, after payment of costs, and of the net rents and profits until sale, after payment of insurance, repairs and other outgoings, upon such trusts and subject to such powers and provisions as may be requisite for giving effect to the rights of the persons (including an incumbrancer of a former undivided share or whose incumbrance is not secured by a legal mortgage) interested in the land. (2) Where \u2014 (a) an undivided share was subject to a settlement; (b) the settlement remains subsisting in respect of other property; and (c) the trustees thereof are not the same persons as the trustees for sale, then the statutory trusts include a trust for the trustees for sale to pay the proper proportion of the net proceeds of sale or other capital money attributable to the share to the trustees of the settlement to be held by them as capital money arising under the Settled Land Act (1998 Revision). Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Powers in respect of interest of surviving spouse or civil partner 32. (1) Where a surviving spouse or civil partner is entitled to a life interest in the residuary estate or any part thereof, the personal representative may, either with the consent of such tenant for life (not being also the sole personal representative) or, where the tenant for life is the sole personal representative, with the leave of the Court, purchase or redeem such life interest (while it is in possession) by paying the capital value thereof (reckoned according to tables selected by the personal representative) to the tenant for life or the persons deriving title under the tenant for life and the costs of the transaction, and thereupon the residuary estate of the intestate may be dealt with or distributed free from the life interest. (2) The personal representative may raise \u2014 (a) the net sum arrived at in accordance with paragraph (a) of section 29(1) or any part thereof and the interest thereon payable to the surviving spouse or civil partner of the intestate on the security of the whole or any part of the residuary estate of the intestate (other than the personal chattels), so far as that estate may be sufficient for the purpose or the said sum and interest may not have been satisfied by the appropriation under the statutory power available in that behalf; and (b) in like manner the capital sum, if any, required for the purchase or redemption of the life interest of the surviving spouse or civil partner of the intestate, or any part thereof not satisfied by the application for the purpose of any part of the residuary estate of the intestate, and in either case the amount, if any, properly required for the payment of the cost of the transaction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Application to cases of partial intestacy 33. Where any person dies leaving a will effectively disposing of part of that person\u2019s property, sections 29, 30, 31 and 32 shall have effect as respects the part of that person\u2019s property not so disposed of subject to the provisions contained in the will and subject to the following modifications \u2014 (a) the requirement as to bringing property into account shall apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased, but not to beneficial interests so acquired by other persons; and (b) the personal representative shall, subject to that personal representative\u2019s rights and powers for the purpose of administration, be a trustee for the persons entitled to the part of the estate not expressly disposed of unless it appears by the will that the personal representative is intended to take such part beneficially. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Construction of documents 34. Where any will or instrument inter vivos coming into effect after the 1st day of October, 1976 makes reference to a statute or law affecting distribution of a deceased\u2019s estate it shall be construed as a reference to this Act and any such reference to statutory next-of-kin shall, unless the context otherwise requires, be construed as referring to the persons who would take beneficially on an intestacy under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Succession of an equitable interest in fee simple vested in a person under the age of eighteen years 35. Where a person under the age of eighteen years dies without having been married or a party to a civil partnership, and independently of this section that person would, at that person\u2019s death, have been equitably entitled under a settlement (including a will) to a vested interest estate in fee simple, such infant shall be deemed to have had an entailed interest and the settlement shall be construed accordingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Presumption of survivorship 36. (1) In all cases where, on or after the 23rd March, 2006, the commencement date of the Succession (Amendment) Act, 2006 [Law 2 of 2006], two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall for all purposes affecting the title of property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. (2) In subsection (1) \u2014 \u201cproperty\u201d includes any chose in action, and any interest in real or personal property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Payment of charges on property of deceased 37. (1) Where a person dies possessed of, or entitled to, or, under a general power of appointment by that person\u2019s will disposes of, an interest in property, which at the time of that person\u2019s death is charged with the payment of money, whether by way of legal mortgage, equitable or other charge or otherwise (including a lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof. (2) Such contrary intention shall not be deemed to be signified \u2014 (a) by a general direction for the payment of debts or of all the debts of the testator out of that person\u2019s personal estate, or that person\u2019s residuary, real and personal estate, or that person\u2019s residuary real estate; or Succession Act (2021 Revision) (b) by a charge of debts upon such estate, unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge. (3) Nothing in this section affects the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Appropriation 38. (1) The personal representatives of a deceased person may, in the absence of any express provision to the contrary contained in the will of such deceased person, with the consent of the person entitled to any legacy given by the deceased person or to a share in that person\u2019s residuary estate, or, if the person is under a disability, then with the consent of that person\u2019s guardian or trustee, appropriate any part of the residuary estate of the deceased in or towards satisfaction of that legacy or share, and may for that purpose value in accordance with the prescribed provisions, the whole or any part of the property of the deceased person, in such manner as they think fit: Provided that before such appropriation is effectual, notice of such intended appropriation shall be given to all persons interested in the residuary estate, any of whom may thereupon, within the prescribed time, apply to the Court and such valuation and appropriation shall be conclusive, save as otherwise directed by the Court. (2) In the case of registered land, the production of the prescribed evidence of an appropriation under this section, shall authorise the Registrar to register the person to whom the property is appropriated as proprietor of the land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Priority of specialty debts abolished 39. In the administration of the estate of any person no debt or liability of such person shall be entitled to priority or preference by reason merely that the same is secured by or arises under a bond, deed or other instrument under seal, or is otherwise made or constituted a specialty debt; but all creditors of such person, as well specialty as simple contract, shall be treated as standing in equal degree, and be paid accordingly out of the assets of such person, whether such assets are legal or equitable, any statute or other law notwithstanding: Provided that this section shall not prejudice or affect any lien, charge or other security which any creditor may hold or be entitled to for the payment of that person\u2019s debt. Succession Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Insolvent estates 40. Where the estate of any deceased person proves to be insufficient for the payment in full of that person\u2019s debts and liabilities, the same rules shall be applied by the Court as to the respective rights of secured and unsecured creditors and as to the valuation of annuities and future and contingent liabilities respectively as are in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt and the assets of such estate shall be administered and distributed accordingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Removal of doubt 41. For the removal of doubt, it is hereby declared that subject to this Act and to any effective provision of any will, a personal representative has the powers and liabilities of a trustee under the Trusts Act (2021 Revision) with reference to the estate administered by the personal representatives and the beneficiaries thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"English practice, when it applies 42. (1) In any matter of practice for which no provision is made by this or any other law or by any rules or other regulations made thereunder, the law and practice in similar matters of the Supreme Court of Judicature in England as nearly as may be applies, so far as local circumstances permit and subject to any directions which the Court may give in any particular matter. (2) If any difficulty arises in respect of the operation or extent of subsection (1), the Court may give directions, either with respect to a particular matter or generally, as to the procedure to be followed for the removal of such difficulty.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Penal 43. Whoever acting as executor or administrator under this Act is guilty of an offence hereunder may be ordered by the Court to forfeit any commission due to that person from any estate and to pay a fine of one thousand dollars and to make such restoration to the estate as the Court may deem appropriate in addition to any liability which that person may incur under any other law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Rules of Court 44. The powers conferred upon the Rules Committee by section 19 of the Grand Court Act (2015 Revision) are extended to enable the said Rules Committee to make rules under this Act \u2014 (a) for the purpose of prescribing anything required to be prescribed under this Act; (b) for the better administration of this Act; (c) for prescribing Court forms to be used for the purpose of compliance with this Act; Succession Act (2021 Revision) (d) subject to the approval of the Cabinet, for prescribing scales of Court fees and legal practitioners\u2019 fees in matters connected with the administration of this Act; and (e) for the winding up of deceased estates of a value of two thousand dollars or less by which certain formalities, otherwise required by this Act, may be dispensed with.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Savings and transitional 45. (1) Every matter affecting the title of property that was commenced under the former Law and partly dealt with by a court on or before 23rd March, 2006, the commencement date of the Succession (Amendment) Act, 2006 [Law 2 of 2006], is to be continued and dealt with in all respects as if the Succession (Amendment) Act, 2006 [Law 2 of 2006] had not come into force. (2) Every matter affecting the title of property that was commenced under the former Law and not wholly or partly dealt with by a court on or before 23rd March, 2006, the commencement date of the Succession (Amendment) Act, 2006 [Law 2 of 2006], is to be taken to be a matter commenced under the Succession (Amendment) Act, 2006 [Law 2 of 2006] and the provisions of the Succession (Amendment) Act, 2006 [Law 2 of 2006]are to apply accordingly. (3) In this section \u2014 \u201ccourt\u201d means any court of the Islands of competent jurisdiction; and \u201cformer Law\u201d means the Succession Act (2004 Revision). Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of Cabinet Succession Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 45\/2020 Succession (Amendment) Law, 2020 4-Sep-2020 LG64\/2020\/s11 35\/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64\/2020\/s1 Succession Law (2006 Revision) 7-Aug-2006 G16\/2006\/s4 2\/2006 Succession (Amendment) Law, 2006 23-Mar-2006 GE6\/2006\/s2 Succession Law (2004 Revision) 23-Aug-2004 G17\/2004\/s11 29\/2004 Status of Children Law, 2003 (Commencement) Order, 2004 31-May-2004 G11\/2004\/s2 23\/2003 Status of Children Law, 2003 (part) 1-Jun-2004 G2\/2003\/s11 Succession Law (1995 Revision) 1-May-1995 G9\/1995\/s8 2\/1989 Succession (Amendment) Law, 1989 5-Jun-1989 G12\/1989\/s2 36\/1985 Succession (Amendment) Law, 1985 6-Jan-1986 G1\/1986\/s4 22\/1983 Succession (Amendment) Law, 1983 14-Nov-1983 G23\/1983\/s1 2\/1976 Succession (Amendment) Law, 1976 29-Mar-1976 G7\/1976\/s2 41\/1976 Succession Law, 1975 (Commencement) Order, 1976 27-Sep-1976 G20\/1976\/p1 18\/1975 Succession Law, 1975 1-Oct-1976 G26\/1975\/s5 ENDNOTES Succession Act (2021 Revision) (Price: $4.80\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_02_19\", \"date\": \"2021-02-19\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2021_02_19\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2021_02_19\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1975\/18\", \"FRBRdate\": [{\"date\": \"2021-02-19\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1975\/18\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1975-0018\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"18 of 1975\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19\", \"FRBRdate\": [{\"date\": \"2021-02-19\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1975\/18\/eng@2021-02-19.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Succession Act\", \"actNumber\": \"18 of 1975\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSUCCESSION ACT\n(2021 Revision)\nSupplement No. 10 published with Legislation Gazette No. 16 of 19th February, 2021.\n\nPage 2\nRevised as at 31st December, 2020\nc\n\nPUBLISHING DETAILS\nLaw 18 of 1975 consolidated with Laws 2 of 1976, 22 of 1983, 36 of 1985, 2 of 1989, 23\nof 2003 (part), 2 of 2006, 35 of 2020, 45 of 2020 and 56 of 2020.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 18 of 1975-3rd September, 1975\nLaw 2 of 1976-11th March, 1976\nLaw 22 of 1983-9th September, 1983\nLaw 36 of 1985-19th December, 1985\nLaw 2 of 1989-22nd February, 1989\nLaw 23 of 2003-3rd December, 2003 (part)\nLaw 2 of 2006-2nd March, 2006\nLaw 35 of 2020-4th September, 2020\nLaw 45 of 2020-4th September, 2020\nLaw 56 of 2020-7th December, 2020.\n\nConsolidated and revised this 31st day of December, 2020.\n\nNote (not forming part of this Act): This revision replaces the 2006 Revision which\nshould now be discarded.\n\nSuccession Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nCAYMAN ISLANDS\n\nSUCCESSION ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................... 5\n2.\nDefinitions ..................................................................................................................................... 5\n3.\nGrant of probate and letters of administration and the effect thereof ........................................... 7\n4.\nTime for obtaining probate, etc. .................................................................................................... 7\n5.\nOne year to administer an estate ................................................................................................. 7\n6.\nCommission to be paid to personal representatives .................................................................... 7\n7.\nAccounts must be filed ................................................................................................................. 8\n8.\nRemoval of personal representative ............................................................................................. 8\n9.\nRetirement and substitution of personal representative ............................................................... 8\n10.\nApplication in chambers ............................................................................................................... 8\n11.\nFormer rules to apply pro tem ...................................................................................................... 8\n12.\nProcedure as to grant of administration........................................................................................ 9\n13.\nSolemn form ................................................................................................................................. 9\n14.\nCaveat procedure ......................................................................................................................... 9\n15.\nProcedure of judgments ............................................................................................................... 9\n16.\nTime for returning inventory .......................................................................................................... 9\n17.\nEvidence by affidavit receivable ................................................................................................. 10\n18.\nRecords of wills and grants ........................................................................................................ 10\n19.\nAdministration bond .................................................................................................................... 10\n20.\nProtection of persons acting bona fide as personal representatives .......................................... 11\n21.\nOffice copies ............................................................................................................................... 11\n22.\nCosts .......................................................................................................................................... 11\n23.\nSealing probates and letters of administration granted outside the Islands ............................... 11\n24.\nSecurity for payment of debts ..................................................................................................... 11\n25.\nDevolution of real estate to personal representatives ................................................................ 12\n\nArrangement of Sections\nSuccession Act (2021 Revision)\n\nPage 4\nRevised as at 31st December, 2020\nc\n\n26.\nVesting of estate of intestate between death and grant of administration ................................. 12\n27.\nPersonal representatives to hold real estate on the same trusts as personalty......................... 12\n28.\nAssent, etc., by personal representatives .................................................................................. 12\n29.\nSuccession to real and personal estate on intestacy ................................................................. 13\n30.\nStatutory trusts ........................................................................................................................... 15\n31.\nIncidence of statutory trusts ....................................................................................................... 16\n32.\nPowers in respect of interest of surviving spouse or civil partner .............................................. 17\n33.\nApplication to cases of partial intestacy ..................................................................................... 17\n34.\nConstruction of documents ........................................................................................................ 18\n35.\nSuccession of an equitable interest in fee simple vested in a person under the age of\neighteen years ........................................................................................................................... 18\n36.\nPresumption of survivorship ....................................................................................................... 18\n37.\nPayment of charges on property of deceased ........................................................................... 18\n38.\nAppropriation .............................................................................................................................. 19\n39.\nPriority of specialty debts abolished ........................................................................................... 19\n40.\nInsolvent estates ........................................................................................................................ 20\n41.\nRemoval of doubt ....................................................................................................................... 20\n42.\nEnglish practice, when it applies ................................................................................................ 20\n43.\nPenal .......................................................................................................................................... 20\n44.\nRules of Court ............................................................................................................................ 20\n45.\nSavings and transitional ............................................................................................................. 21\nENDNOTES\n23\nTable of Legislation history: ................................................................................................................. 23\n\nSuccession Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 5\n\nCAYMAN ISLANDS\n\nSUCCESSION ACT\n(2021 Revision)\n\n1.\nShort title\n1.\nThis Act may be cited as the Succession Act (2021Revision).\n2.\nDefinitions\n2.\nIn this Act \u2014\n\u201cadministrative expenses\u201d do not, for the purpose of calculating any\ncommission payable to a personal representative under section 6, include such\ncommission;\n\u201cBritish court in a foreign country\u201d means any British court having\njurisdiction out of Her Majesty\u2019s dominions in pursuance of an Order in\nCouncil, whether made under any Act or otherwise;\n\u201cchild\u201d or \u201cissue\u201d includes an individual \u2014\n(a) who is the offspring of a party, or both parties, to a civil partnership; or\n(b) who has been treated by a party, or both parties, to a civil partnership as a\nchild or issue of the family, including a stepchild, an adopted or foster child\nor a child born to parents who were not in a civil partnership;\n\u201ccivil partner\u201d has the meaning assigned by section 2 of the Civil Partnership\nAct, 2020 [Law 35 of 2020];\n\u201ccivil partnership\u201d has the meaning assigned by section 2 of the Civil\nPartnership Act, 2020 [Law 35 of 2020];\n\u201cCourt\u201d means the Grand Court and includes a judge of that Court;\n\nSection 2\nSuccession Act (2021 Revision)\n\nPage 6\nRevised as at 31st December, 2020\nc\n\n\u201cCourt of Probate\u201d means any court or authority, by whatever name\ndesignated, having jurisdiction in matters of probate;\n\u201cHer Majesty\u2019s dominions\u201d includes any British Protectorate or protected state\nand any territory in respect of which a mandate on behalf of the United Nations\nhas been accepted by Her Majesty;\n\u201cintestate\u201d includes a person who leaves a will but dies intestate as to some\nbeneficial interest in that person\u2019s real or personal estate;\n\u201cland\u201d includes all hereditaments corporeal and incorporeal;\n\u201cnet value\u201d in relation to a deceased estate means, in respect of a person dying\nwholly intestate, the value of the residuary estate and, in respect of any other\ndeceased person, an amount equivalent to what would have been the residuary\nestate had such person died intestate less all pecuniary legacies and all specific\ndevises and bequests as valued for the purpose of the winding up of such estate;\n\u201cnext-of-kin\u201d, in relation to a person, includes the person\u2019s civil partner;\n\u201cparent\u201d includes a person who is a parent of a child or issue by virtue of a civil\npartnership;\n\u201cpersonal chattels\u201d means vehicles, animals and accessories (not kept or used\nfor business purposes), garden tools and furniture, plate, linen, china, glass,\nbooks, pictures, prints, furniture, jewellery, articles of household or personal use\nor ornament, musical and scientific instruments and apparatus, wines, liquors\nand consumable stores, but does not include any chattels used at the death of the\nintestate for business purposes, nor money nor securities for money;\n\u201cpersonal representative\u201d means an executor or administrator who has\nobtained probate or letters of administration;\n\u201cprescribed\u201d means prescribed by any rule or by this Act;\n\u201cprobate\u201d and \u201cletters of administration\u201d include confirmation in Scotland,\nand any instrument having in any part of Her Majesty\u2019s dominions or in any\nforeign country the same effect which under English law is given to probate and\nletters of administration respectively;\n\u201crecorded\u201d means recorded in the public records of the Islands;\n\u201cregistered land\u201d means land registered under the Registered Land Act (2018\nRevision) or any other law under which land may officially be registered;\n\u201cresiduary estate\u201d with respect to an intestate means every beneficial interest\n(including rights of entry or in reversion) of the intestate in real and personal\nestate after payment of all funeral and administration expenses, debts and other\nliabilities as are properly payable thereout, which (otherwise than in right of a\npower of appointment) the intestate could, if of full age and capacity, have\ndisposed of by will;\n\u201crelative\u201d, in relation to a person, includes the person\u2019s civil partner; and\n\nSuccession Act (2021 Revision)\nSection 3\n\nc\nRevised as at 31st December, 2020\nPage 7\n\n\u201crules\u201d mean Rules of Court.\n3.\nGrant of probate and letters of administration and the effect thereof\n3.\n(1) No person acting otherwise than as an agent of necessity shall take possession\nof or in any manner administer any part of the estate of a deceased person unless\nthat person has first obtained from the Court a grant of probate of the will or\nletters of administration of the estate of such deceased person.\n(2) No grant of probate or letters of administration shall be made to a person who\nhas not attained the age of eighteen years.\n(3) No grant of probate or letters of administration in respect of an estate of a\ndeceased person shall be granted to more than four persons jointly.\n(4) A grant of probate of the will of a deceased person shall be deemed to take effect\nfrom the time of the death of such person.\n(5) A grant of letters of administration of the estate of a deceased person shall take\neffect from the time of the grant.\n(6) A person who has been named in the will of a deceased person as an executor\nand who has not attained the age of eighteen years at the time of the death of\nsuch deceased person may, on attaining the age of eighteen years, apply for a\ngrant of probate of the said will and such grant shall take effect from the date\nthereof.\n(7) Applications to the Court for grants of probate or letters of administration shall\nbe made in the manner prescribed.\n(8) Where a deceased person has left a will in which no executor is named the Court\nshall make a grant of letters of administration with the will annexed.\n4.\nTime for obtaining probate, etc.\n4.\nIn the absence of special leave of the Court, probate of the will or letters of\nadministration of the estate of a deceased person must be obtained within six months\nof the death or within two months of the termination of any dispute touching the right\nto such probate or letters of administration.\n5.\nOne year to administer an estate\n5.\nPersonal representatives shall have one year within which to realise and administer\nan estate.\n6.\nCommission to be paid to personal representatives\n6.\nA personal representative shall be entitled to, or if there are two or more personal\nrepresentatives shall be entitled to share equally, a commission on the net value of the\nestate, in the following scale \u2014\nFor the first $100,000 net value 3 per cent\n\nSection 7\nSuccession Act (2021 Revision)\n\nPage 8\nRevised as at 31st December, 2020\nc\n\nFor the next $100,000 net value 2 per cent\nFor the balance 1 per cent\nSubject to a minimum commission of $300:\nProvided however that, where a testator has by that testator\u2019s will directed that the\ntestator\u2019s executor shall be paid for the executor\u2019s services or has made a devise or\nbequest to the testator\u2019s executor in lieu of the executor being paid for the executor\u2019s\nservices, such executor shall not be entitled to claim any commission under this\nsection unless the executor shall file a renunciation of the executor\u2019s claim under the\nwill within ten days of the grant of probate or letters of administration and elects to\nbe paid the commission allowed by this section in lieu thereof.\n7.\nAccounts must be filed\n7.\nEvery personal representative shall, within one year after the grant of probate or\nletters of administration, file in the office of the Clerk of the Court, accounts, showing\nthe receipts and distributions of the testator\u2019s or intestate\u2019s estate, duly supported by\naffidavit, and such accounts shall be open to the inspection of persons beneficially\ninterested.\n8.\nRemoval of personal representative\n8.\nThe Court may, on the petition of any beneficially interested person, remove any\npersonal representative found responsible for neglect or misconduct in the\nmanagement or administration of the estate and may appoint another suitable person\nin that person\u2019s place.\n9.\nRetirement and substitution of personal representative\n9.\nThe Court may grant leave to a personal representative to retire, upon the passing of\nthe personal representative\u2019s accounts, and on such terms as the Court may think fit.\nThe Court may by such order or upon the death or incapacity of a personal\nrepresentative appoint a suitable person to administer the estate of the deceased in the\nplace of such personal representative permitted to retire or who has become\nincapacitated or who has died.\n10.\nApplication in chambers\n10. Applications for removal or the substitution of a personal representative may be made\nby chamber summons.\n11.\nFormer rules to apply pro tem\n11. Until such time as further provision is made, the rules, forms and practices in force\nand used in the Court immediately before the commencement of this Act shall\ncontinue to be used by the Court in the exercise of its jurisdiction in respect of the\nprobate of wills and the administration of the estates of persons dying domiciled or\nleaving property in the Islands.\n\nSuccession Act (2021 Revision)\nSection 12\n\nc\nRevised as at 31st December, 2020\nPage 9\n\n12.\nProcedure as to grant of administration\n12. (1) The Clerk of the Court shall, immediately after any application made to the\nCourt for administration of the estate of any deceased person, cause notice\nthereof, with the several particulars which may from time to time be required by\nthe rules, to be publicly posted in the Court House for three consecutive weeks;\nand no administration shall be granted by the Court until the expiration of\ntwenty-one days from the day of the application for the grant, nor, unless the\nsame is unopposed, shall administration be granted except upon the judgment\nof the Court:\nProvided that, and it is hereby declared that, unless the Court so orders, this\nsection does not apply to an application to the Court for a grant of probate (as\nopposed to letters of administration) nor to an application for the sealing by the\nCourt of a probate or letters of administration granted by a court outside the\nIslands.\n(2) The Court shall, in granting letters of administration, have regard to the rights\nand interests in the estate of the persons making application therefor and the\nrules shall provide guidance as to priorities.\n13.\nSolemn form\n13. When proceedings are taken for the proving of a will in solemn form, or for revoking\nthe probate of any will on the ground of the invalidity thereof, the party taking such\nproceedings shall bring an action commenced by writ of summons and thereupon a\nsummons shall issue to the next-of-kin and any persons pretending interest in the\nestate.\n14.\nCaveat procedure\n14. Caveats against the grant of probate or administration by the Court may be lodged in\nthe office of the Clerk of the Court.\n15.\nProcedure of judgments\n15. On judgment being given by the Court in any contentious case for the grant or\nrevocation of probate or letters of administration the Court shall thereupon grant\nprobate or letters of administration to the party or parties in whose favour such\njudgment has been given, in accordance with such judgment, or as the case may\nrequire, and thereupon any probate or letters of administration theretofore granted\nshall be revoked or varied according to the effect of such judgment.\n16.\nTime for returning inventory\n16. The Court shall fix the period within which any person obtaining probate or letters of\nadministration of the estate of any deceased person shall be required to return the\ninventory of the estate and effects of the testator or intestate, and shall have power to\nextend such time if need be.\n\nSection 17\nSuccession Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\n17.\nEvidence by affidavit receivable\n17. It shall be lawful for the Court, on application being made to it for probate of any will\nor for letters of administration, to receive evidence by affidavit of the due execution\nof the will, and of all matters and things required to be proved in support of such\napplication; and it shall be sufficient in all cases where an oath is required to be taken\nthat such oath shall be in writing and sworn before a Justice of the Peace and filed in\nthe Court:\nProvided that in cases where letters of administration are applied for by any person\nin the character of a creditor of the deceased, such person shall appear personally in\nthe Court, and shall be required to give strict proof of the several matters relied on\nthat person in support of that person\u2019s application.\n18.\nRecords of wills and grants\n18. The Clerk of the Court shall cause true copies of all original wills of which probate\nor letters of administration with the will annexed have been granted by the Court to\nbe kept in a book kept in the Court office and shall carefully compare the same with\nthe original will and shall thereafter transmit the original will, with such particulars\nof the grant of probate or letters of administration thereof as may be required by the\nrules, to the Public Recorder to be recorded and kept by the Public Recorder in the\nPublic Recorder\u2019s office:\nProvided that when any probate or letters of administration granted as aforesaid is\nrevoked, either by the Court or by the Court of Appeal, the Clerk of the Court shall\ncancel the aforesaid entry in such way as may be prescribed and shall transmit to the\nPublic Recorder a certificate under the hand and seal of the court of the revocation of\nthe said probate or letters of administration and the Public Recorder shall, on receipt\nof such certificate, cancel the entry and record of such will in such way as may be\nprescribed.\n19.\nAdministration bond\n19. Every person to whom any grant of administration is made shall give a bond to Her\nMajesty, with one or more surety or sureties, conditioned for duly collecting, getting\nin and administering the estate of the deceased, and such bond shall be in a penalty\nof double the amount of the sworn value of the estate and effects of the deceased\nunless the court in any case thinks fit to direct the same to be reduced, and such bond\nmay also limit the liability of any surety to such amount as the Court shall think\nreasonable.\n\nSuccession Act (2021 Revision)\nSection 20\n\nc\nRevised as at 31st December, 2020\nPage 11\n\n20.\nProtection of persons acting bona fide as personal representatives\n20. When any probate or letters of administration granted under this Act is revoked, all\npayments made bona fide to any personal representatives under such grant before the\nrevocation thereof shall be a legal discharge to the person making the same; and the\npersonal representative who has acted under such revoked probate or administration\nmay reimburse themselves in respect of any payments made by that personal\nrepresentation which the person to whom probate or letters of administration is\nafterwards granted might lawfully have made.\n21.\nOffice copies\n21. The copy of any will of which probate or letters of administration with the will\nannexed has been granted by or sealed by the Court, attested as a true copy by the\nClerk of the Court having the custody of the same, and under the seal of the Court, or\na copy of any such will proved in the Court, certified under the hand and seal of the\nPublic Recorder to be a true copy of such will shall, so long as such probate or letters\nof administration is unrevoked, be received as conclusive evidence of the validity and\ncontents of such will.\n22.\nCosts\n22. The Court and the Court of Appeal have power to award costs and enforce the\npayment thereof, either out of the estate in controversy or against any litigant before\nsuch court by virtue of this Act.\n23.\nSealing probates and letters of administration granted outside the Islands\n23. (1) Where a court of probate in any part of Her Majesty\u2019s dominions, or in any\nforeign country, or a British court in a foreign country, has granted probate or\nletters of administration in respect of the estate of a deceased person, the probate\nor letters so granted may, on being produced to and a copy thereof deposited\nwith the Court, be sealed with the seal of the Court, and thereupon shall be of\nthe like force and effect and have the same operation in the Islands as if granted\nby the Court.\n(2) For the purposes of this Act, a duplicate of any probate or letters of\nadministration sealed with the seal of the court granting the same, or a copy\nthereof certified as correct by or under the authority of the court granting the\nsame, shall have the same effect as the original.\n24.\nSecurity for payment of debts\n24. The Court acting under section 23 may, if it thinks fit, on the application of any\ninterested person, require, before sealing, that adequate security be given for the\npayment of debts due from the estate to public or private creditors residing in the\nIslands.\n\nSection 25\nSuccession Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\n25.\nDevolution of real estate to personal representatives\n25. (1) Where real estate is vested in any person, without a right in any other person to\ntake by survivorship, it shall, on that person\u2019s death, notwithstanding any\ntestamentary disposition, devolve to and become vested in that person\u2019s\npersonal representatives or representative from time to time, in the same manner\nas personalty vesting in them or him.\n(2) This section shall apply to any real estate over which a person executes by will\na general power of appointment, as if it were real estate vested in him.\n(3) Probate and letters of administration may be granted in respect of real estate\nonly, although there is no personal estate.\n26.\nVesting of estate of intestate between death and grant of administration\n26. When a person dies intestate that person\u2019s estate, until administration is granted in\nrespect thereof, shall vest in a Judge of the Grand Court.\n27.\nPersonal representatives to hold real estate on the same trusts as personalty\n27. Subject to this Act, the personal representatives shall hold the real estate of the\ndeceased as trustees for the person by law beneficially entitled thereto and subject to\nthe same liabilities for debt, costs and expenses and with the same incidents, including\npowers of appropriation as if it were personalty, save that it shall not be lawful for\nsome or only one of several joint representatives, without the authority of the Court,\nto sell or transfer real estate.\n28.\nAssent, etc., by personal representatives\n28. (1) Personal representatives may at any time assent in writing to any devise\ncontained in the will of the deceased person, or may convey the land to any\nperson entitled thereto as heir, devisee or otherwise, and may make the assent\nor conveyance, subject or not to any charge which the personal representatives\nare liable to pay, and on such assent or conveyance, all liabilities of the personal\nrepresentatives in respect of the land shall cease except as to any acts done by\nthem before such assent or conveyance.\n(2) At any time after the expiration of one year from the death of the owner of any\nland, if that owner\u2019s personal representatives have failed on the request in\nwriting of the person entitled to the land to convey the land to that person, the\nCourt may, if it thinks fit, on the application of that person, and after notice to\nthe personal representatives, order that the conveyance be made or, in the case\nof registered land, that the person so entitled be registered as the proprietor of\nthe land either solely, or jointly with the personal representatives.\n(3) The production of an assent in the prescribed form by the personal\nrepresentatives of a deceased proprietor of registered land shall authorise the\n\nSuccession Act (2021 Revision)\nSection 29\n\nc\nRevised as at 31st December, 2020\nPage 13\n\nRegistrar of Lands to register the person named in the assent as proprietor of the\nland.\n29.\nSuccession to real and personal estate on intestacy\n29. (1) The residuary estate of an intestate, not being an entailed interest, shall be\ndistributed in the manner or held on the trusts mentioned in this section\nnamely \u2014\n(a) if the intestate leaves a husband, wife or civil partner and issue, the\nsurviving spouse or civil partner shall take the personal chattels absolutely,\nand in addition the residuary estate of the intestate (other than personal\nchattels) shall stand charged with the payment of a net sum of twenty\nthousand dollars or a sum equal to fifty per centum of the net value of the\nestate (which ever may be the greater), to the surviving spouse or civil\npartner with interest thereon from the date of death at the rate of five per\ncentum per annum until paid or appropriated, and subject to providing for\nsuch sum and the interest thereon, the residuary estate (other than the\npersonal chattels) shall be held upon trust on the statutory trusts for the\nissue of the intestate, but if those trusts fail or determine in the lifetime of\nthe surviving spouse or civil partner, then upon trust for the surviving\nspouse or civil partner for the residue of that person\u2019s life;\n(b) if the intestate leaves a husband, wife or civil partner but no issue, the\nsurviving spouse or civil partner shall take the personal chattels absolutely\nand the residuary estate of the intestate shall be held \u2014\n(i)\nif the intestate leaves a surviving parent or parents, as to twenty-five\nper centum for each parent or parents (as the case may be) absolutely\nand as to seventy-five per centum for the surviving spouse or civil\npartner absolutely; or\n(ii) if the intestate leaves no surviving parent or parents, for the surviving\nspouse or civil partner absolutely;\n(c) if the intestate leaves issue but no husband, wife or civil partner, the\nresiduary estate of the intestate shall be held on the statutory trusts for the\nissue of the intestate;\n(d) if the intestate leaves no issue but both parents, then, subject to the interest\nof the surviving spouse or civil partner, the residuary estate of the intestate\nshall be held in trust for the parents in equal shares absolutely;\n(e) if the intestate leaves no issue but one parent, then, subject to the interest\nof a surviving spouse or civil partner, the residuary estate of the intestate\nshall be held in trust for such parent absolutely;\n(f)\nif the intestate leaves no issue or parent, then, subject to the interests of the\nsurviving spouse or civil partner, the residuary estate of the intestate shall\n\nSection 29\nSuccession Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\nbe held in trust for the following persons surviving the intestate, and in the\nfollowing order and manner \u2014\n(i)\non the statutory trusts for the brothers and sisters of the whole blood\nof the intestate; but if no person takes an absolutely vested interest\nunder such trusts; then\n(ii) on the statutory trusts for the brothers and sisters of the half blood of\nthe intestate; but if no person takes an absolutely vested interest under\nsuch trusts; then\n(iii) for the grandparents of the intestate and, if more than one survive the\nintestate, in equal shares; but if there is no member of this class; then\n(iv) on the statutory trusts for the uncles and aunts of the intestate (being\nbrothers or sisters of the whole blood of a parent of the intestate); but\nif no such person takes an absolutely vested interest under such trusts;\nthen\n(v) on the statutory trusts for the uncles and aunts of the intestate (being\nbrothers or sisters of the half blood of a parent of the intestate); but if\nno person takes an absolutely vested interest under such trusts; then\n(vi) for the surviving spouse or civil partner of the intestate absolutely;\nand\n(g) in default of any person taking an absolute interest under the foregoing\nprovisions, the residuary estate of the intestate shall belong to the Crown\nas bona vacantia, and in lieu of any right of escheat:\nProvided that the Crown may, out of the whole or any part of the property\ndevolving on the Crown as aforesaid provide, in accordance with existing\npractice, for the dependants, whether kindred or not, of the intestate, and other\npersons for whom the intestate might reasonably have been expected to make\nprovision.\n(2) A husband, wife or the parties to a civil partnership shall for all purposes of\ndistribution or division under the foregoing provisions of this section be treated\nas two persons.\n(3) Where the intestate and the intestate\u2019s husband, wife or civil partner have died\nin circumstances rendering it uncertain which of them survived the other and\nthe intestate\u2019s husband, wife or civil partner is by virtue of section 36 deemed\nto have survived the intestate, this section shall, nevertheless, have effect as\nrespects the intestate as if the husband, wife or civil partner had not survived the\nintestate.\n\nSuccession Act (2021 Revision)\nSection 30\n\nc\nRevised as at 31st December, 2020\nPage 15\n\n30.\nStatutory trusts\n30. (1) Where, by this Act, the residuary estate of an intestate, or any part thereof, is\ndirected to be held on the statutory trusts for the issue of the intestate, the same\nshall be held upon the following trusts \u2014\n(a) in trust in equal shares if more than one, for all or any of the children or\nchild of the intestate, surviving the intestate, who attain the age of eighteen\nyears or marry or enter into a civil partnership under that age, and for all\nor any of the issue surviving the intestate who attain the age of eighteen\nyears or marry or enter into a civil partnership under that age of any child\nof the intestate who predeceases that intestate, such issue to take through\nall degrees according to their stocks, in equal shares if more than one, the\nshare which their parent would have taken if living at the death of the\nintestate, and so that no issue shall take whose parent is living at the death\nof the intestate and so capable of taking;\n(b) the statutory provisions which relate to maintenance and accumulation of\nsurplus income shall apply, but where a person under the age of eighteen\nyears marries or enters into a civil partnership, such person shall be entitled\nto give valid receipts for the income of that person\u2019s share or interest;\n(c) where the property held on the statutory trusts for issue is divided into\nshares, then any money or property which, by way of advancement or on\nthe marriage or the entering into a civil partnership of a child of the\nintestate has been paid to such child by the intestate or settled by the\nintestate for the benefit of such child (including any life or less interest and\nincluding property covenanted to be paid or settled) shall, subject to any\ncontrary intention expressed or appearing from the circumstances of the\ncase, be taken as being so paid or settled in or towards satisfaction of the\nshare of such child or the share which such child would have taken if living\nat the death of the intestate, and shall be brought into account, at a\nvaluation (the value to be reckoned as at the death of the intestate), in\naccordance with the requirements of the personal representatives; and\n(d) the personal representatives may permit any child under the age of\neighteen years contingently interested to have the use and enjoyment of\nany personal chattels in such manner and subject to such conditions (if\nany) as the personal representatives may consider reasonable, and without\nbeing liable to account for any consequential loss.\n(2) If the trusts in favour of the issue of the intestate fail by reason of no child or\nother issue attaining an absolutely vested interest \u2014\n(a) the residuary estate of the intestate and the income thereof and all statutory\naccumulations, if any, of the income thereof, or so much thereof as has not\nbeen paid or applied under any power affecting the same, shall go, devolve\n\nSection 31\nSuccession Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\nand be held under this Act as if the intestate had died without leaving issue\nsurviving the intestate;\n(b) references to the intestate \u201cleaving no issue\u201d shall for the purpose of this\nsection and section 29 be construed as \u201cleaving no issue who attain an\nabsolutely vested interest\u201d; and\n(c) references in this section and section 29 to the intestate \u201cleaving issue\u201d\nshall be construed as \u201cleaving issue who attain an absolutely vested\ninterest\u201d.\n(3) Where under this Act the residuary estate of an intestate or any part thereof is\ndirected to be held on the statutory trusts for any class of relatives of the\nintestate, other than issue of the intestate, the same shall be held on trusts\ncorresponding to the statutory trusts for the issue of the intestate (other than the\nprovision for bringing any money or property into account) as if such trusts\n(other than the aforesaid) were repeated with the substitution of references to\nthe members or member of the class for references to the children or child of the\nintestate.\n31.\nIncidence of statutory trusts\n31. (1) For the purposes of this Act, the residuary estate of an intestate, or any part\nthereof, directed to be held upon the \u201cstatutory trusts\u201d shall be held upon trust\nto sell the same and to stand possessed of the net proceeds of sale, after payment\nof costs, and of the net rents and profits until sale, after payment of insurance,\nrepairs and other outgoings, upon such trusts and subject to such powers and\nprovisions as may be requisite for giving effect to the rights of the persons\n(including an incumbrancer of a former undivided share or whose incumbrance\nis not secured by a legal mortgage) interested in the land.\n(2) Where \u2014\n(a) an undivided share was subject to a settlement;\n(b) the settlement remains subsisting in respect of other property; and\n(c) the trustees thereof are not the same persons as the trustees for sale,\nthen the statutory trusts include a trust for the trustees for sale to pay the proper\nproportion of the net proceeds of sale or other capital money attributable to the\nshare to the trustees of the settlement to be held by them as capital money arising\nunder the Settled Land Act (1998 Revision).\n\nSuccession Act (2021 Revision)\nSection 32\n\nc\nRevised as at 31st December, 2020\nPage 17\n\n32.\nPowers in respect of interest of surviving spouse or civil partner\n32. (1) Where a surviving spouse or civil partner is entitled to a life interest in the\nresiduary estate or any part thereof, the personal representative may, either with\nthe consent of such tenant for life (not being also the sole personal\nrepresentative) or, where the tenant for life is the sole personal representative,\nwith the leave of the Court, purchase or redeem such life interest (while it is in\npossession) by paying the capital value thereof (reckoned according to tables\nselected by the personal representative) to the tenant for life or the persons\nderiving title under the tenant for life and the costs of the transaction, and\nthereupon the residuary estate of the intestate may be dealt with or distributed\nfree from the life interest.\n(2) The personal representative may raise \u2014\n(a) the net sum arrived at in accordance with paragraph (a) of section 29(1) or\nany part thereof and the interest thereon payable to the surviving spouse or\ncivil partner of the intestate on the security of the whole or any part of the\nresiduary estate of the intestate (other than the personal chattels), so far as\nthat estate may be sufficient for the purpose or the said sum and interest\nmay not have been satisfied by the appropriation under the statutory power\navailable in that behalf; and\n(b) in like manner the capital sum, if any, required for the purchase or\nredemption of the life interest of the surviving spouse or civil partner of\nthe intestate, or any part thereof not satisfied by the application for the\npurpose of any part of the residuary estate of the intestate,\nand in either case the amount, if any, properly required for the payment of the\ncost of the transaction.\n33.\nApplication to cases of partial intestacy\n33. Where any person dies leaving a will effectively disposing of part of that person\u2019s\nproperty, sections 29, 30, 31 and 32 shall have effect as respects the part of that\nperson\u2019s property not so disposed of subject to the provisions contained in the will\nand subject to the following modifications \u2014\n(a) the requirement as to bringing property into account shall apply to any\nbeneficial interests acquired by any issue of the deceased under the will of\nthe deceased, but not to beneficial interests so acquired by other persons;\nand\n(b) the personal representative shall, subject to that personal representative\u2019s\nrights and powers for the purpose of administration, be a trustee for the\npersons entitled to the part of the estate not expressly disposed of unless it\nappears by the will that the personal representative is intended to take such\npart beneficially.\n\nSection 34\nSuccession Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\n34.\nConstruction of documents\n34. Where any will or instrument inter vivos coming into effect after the 1st day of\nOctober, 1976 makes reference to a statute or law affecting distribution of a\ndeceased\u2019s estate it shall be construed as a reference to this Act and any such reference\nto statutory next-of-kin shall, unless the context otherwise requires, be construed as\nreferring to the persons who would take beneficially on an intestacy under this Act.\n35.\nSuccession of an equitable interest in fee simple vested in a person under\nthe age of eighteen years\n35. Where a person under the age of eighteen years dies without having been married or\na party to a civil partnership, and independently of this section that person would, at\nthat person\u2019s death, have been equitably entitled under a settlement (including a will)\nto a vested interest estate in fee simple, such infant shall be deemed to have had an\nentailed interest and the settlement shall be construed accordingly.\n36.\nPresumption of survivorship\n36. (1) In all cases where, on or after the 23rd March, 2006, the commencement date of\nthe Succession (Amendment) Act, 2006 [Law 2 of 2006], two or more persons\nhave died in circumstances rendering it uncertain which of them survived the\nother or others, such deaths shall for all purposes affecting the title of property,\nbe presumed to have occurred in order of seniority, and accordingly the younger\nshall be deemed to have survived the elder.\n(2) In subsection (1) \u2014\n\u201cproperty\u201d includes any chose in action, and any interest in real or personal\nproperty.\n37.\nPayment of charges on property of deceased\n37. (1) Where a person dies possessed of, or entitled to, or, under a general power of\nappointment by that person\u2019s will disposes of, an interest in property, which at\nthe time of that person\u2019s death is charged with the payment of money, whether\nby way of legal mortgage, equitable or other charge or otherwise (including a\nlien for unpaid purchase money), and the deceased has not by will, deed or other\ndocument signified a contrary or other intention, the interest so charged shall,\nas between the different persons claiming through the deceased, be primarily\nliable for the payment of the charge; and every part of the said interest,\naccording to its value, shall bear a proportionate part of the charge on the whole\nthereof.\n(2) Such contrary intention shall not be deemed to be signified \u2014\n(a) by a general direction for the payment of debts or of all the debts of the\ntestator out of that person\u2019s personal estate, or that person\u2019s residuary, real\nand personal estate, or that person\u2019s residuary real estate; or\n\nSuccession Act (2021 Revision)\nSection 38\n\nc\nRevised as at 31st December, 2020\nPage 19\n\n(b) by a charge of debts upon such estate, unless such intention is further\nsignified by words expressly or by necessary implication referring to all or\nsome part of the charge.\n(3) Nothing in this section affects the right of a person entitled to the charge to\nobtain payment or satisfaction thereof either out of the other assets of the\ndeceased or otherwise.\n38.\nAppropriation\n38. (1) The personal representatives of a deceased person may, in the absence of any\nexpress provision to the contrary contained in the will of such deceased person,\nwith the consent of the person entitled to any legacy given by the deceased\nperson or to a share in that person\u2019s residuary estate, or, if the person is under a\ndisability, then with the consent of that person\u2019s guardian or trustee, appropriate\nany part of the residuary estate of the deceased in or towards satisfaction of that\nlegacy or share, and may for that purpose value in accordance with the\nprescribed provisions, the whole or any part of the property of the deceased\nperson, in such manner as they think fit:\nProvided that before such appropriation is effectual, notice of such intended\nappropriation shall be given to all persons interested in the residuary estate, any\nof whom may thereupon, within the prescribed time, apply to the Court and such\nvaluation and appropriation shall be conclusive, save as otherwise directed by\nthe Court.\n(2) In the case of registered land, the production of the prescribed evidence of an\nappropriation under this section, shall authorise the Registrar to register the\nperson to whom the property is appropriated as proprietor of the land.\n39.\nPriority of specialty debts abolished\n39. In the administration of the estate of any person no debt or liability of such person\nshall be entitled to priority or preference by reason merely that the same is secured\nby or arises under a bond, deed or other instrument under seal, or is otherwise made\nor constituted a specialty debt; but all creditors of such person, as well specialty as\nsimple contract, shall be treated as standing in equal degree, and be paid accordingly\nout of the assets of such person, whether such assets are legal or equitable, any statute\nor other law notwithstanding:\nProvided that this section shall not prejudice or affect any lien, charge or other\nsecurity which any creditor may hold or be entitled to for the payment of that\nperson\u2019s debt.\n\nSection 40\nSuccession Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\n40.\nInsolvent estates\n40. Where the estate of any deceased person proves to be insufficient for the payment in\nfull of that person\u2019s debts and liabilities, the same rules shall be applied by the Court\nas to the respective rights of secured and unsecured creditors and as to the valuation\nof annuities and future and contingent liabilities respectively as are in force under the\nlaw of bankruptcy with respect to the estates of persons adjudged bankrupt and the\nassets of such estate shall be administered and distributed accordingly.\n41.\nRemoval of doubt\n41. For the removal of doubt, it is hereby declared that subject to this Act and to any\neffective provision of any will, a personal representative has the powers and liabilities\nof a trustee under the Trusts Act (2021 Revision) with reference to the estate\nadministered by the personal representatives and the beneficiaries thereof.\n42.\nEnglish practice, when it applies\n42. (1) In any matter of practice for which no provision is made by this or any other law\nor by any rules or other regulations made thereunder, the law and practice in\nsimilar matters of the Supreme Court of Judicature in England as nearly as may\nbe applies, so far as local circumstances permit and subject to any directions\nwhich the Court may give in any particular matter.\n(2) If any difficulty arises in respect of the operation or extent of subsection (1), the\nCourt may give directions, either with respect to a particular matter or generally,\nas to the procedure to be followed for the removal of such difficulty.\n43.\nPenal\n43. Whoever acting as executor or administrator under this Act is guilty of an offence\nhereunder may be ordered by the Court to forfeit any commission due to that person\nfrom any estate and to pay a fine of one thousand dollars and to make such restoration\nto the estate as the Court may deem appropriate in addition to any liability which that\nperson may incur under any other law.\n44.\nRules of Court\n44. The powers conferred upon the Rules Committee by section 19 of the Grand Court\nAct (2015 Revision) are extended to enable the said Rules Committee to make rules\nunder this Act \u2014\n(a) for the purpose of prescribing anything required to be prescribed under this\nAct;\n(b) for the better administration of this Act;\n(c) for prescribing Court forms to be used for the purpose of compliance with\nthis Act;\n\nSuccession Act (2021 Revision)\nSection 45\n\nc\nRevised as at 31st December, 2020\nPage 21\n\n(d) subject to the approval of the Cabinet, for prescribing scales of Court fees\nand legal practitioners\u2019 fees in matters connected with the administration\nof this Act; and\n(e) for the winding up of deceased estates of a value of two thousand dollars\nor less by which certain formalities, otherwise required by this Act, may\nbe dispensed with.\n45.\nSavings and transitional\n45. (1) Every matter affecting the title of property that was commenced under the\nformer Law and partly dealt with by a court on or before 23rd March, 2006, the\ncommencement date of the Succession (Amendment) Act, 2006 [Law 2 of 2006],\nis to be continued and dealt with in all respects as if the Succession (Amendment)\nAct, 2006 [Law 2 of 2006] had not come into force.\n(2) Every matter affecting the title of property that was commenced under the\nformer Law and not wholly or partly dealt with by a court on or before 23rd\nMarch, 2006, the commencement date of the Succession (Amendment) Act, 2006\n[Law 2 of 2006], is to be taken to be a matter commenced under the Succession\n(Amendment) Act, 2006 [Law 2 of 2006] and the provisions of the Succession\n(Amendment) Act, 2006 [Law 2 of 2006]are to apply accordingly.\n(3) In this section \u2014\n\u201ccourt\u201d means any court of the Islands of competent jurisdiction; and\n\u201cformer Law\u201d means the Succession Act (2004 Revision).\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of Cabinet\n\nSuccession Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 23\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n45\/2020\nSuccession (Amendment) Law, 2020\n4-Sep-2020 LG64\/2020\/s11\n\n35\/2020\nCivil Partnership Law, 2020\n4-Sep-2020\nLG64\/2020\/s1\n\nSuccession Law (2006 Revision)\n7-Aug-2006\nG16\/2006\/s4\n\n2\/2006\nSuccession (Amendment) Law, 2006\n23-Mar-2006\nGE6\/2006\/s2\n\nSuccession Law (2004 Revision)\n23-Aug-2004\nG17\/2004\/s11\n29\/2004\n\nStatus of Children Law, 2003 (Commencement) Order, 2004\n31-May-2004\nG11\/2004\/s2\n\n23\/2003\nStatus of Children Law, 2003 (part)\n1-Jun-2004\nG2\/2003\/s11\n\nSuccession Law (1995 Revision)\n1-May-1995\nG9\/1995\/s8\n\n2\/1989\nSuccession (Amendment) Law, 1989\n5-Jun-1989\nG12\/1989\/s2\n\n36\/1985\nSuccession (Amendment) Law, 1985\n6-Jan-1986\nG1\/1986\/s4\n\n22\/1983\nSuccession (Amendment) Law, 1983\n14-Nov-1983\nG23\/1983\/s1\n\n2\/1976\nSuccession (Amendment) Law, 1976\n29-Mar-1976\nG7\/1976\/s2\n41\/1976\n\nSuccession Law, 1975 (Commencement) Order, 1976\n27-Sep-1976\nG20\/1976\/p1\n\n18\/1975\nSuccession Law, 1975\n1-Oct-1976\nG26\/1975\/s5\n\nENDNOTES\nSuccession Act (2021 Revision)\n\nPage 24\nRevised as at 31st December, 2020\nc\n\n(Price: $4.80","akn_extracted_at":"2026-06-22 15:37:39.407784+00","cms_id":"1975-0018","law_type":"principal","year":"1975","number":"18","title":"Succession Act","status":"in_force"},"provenance":{"files":[{"file_id":"5408","expr_id":"449","kind":"akn_xml","filename":"1975-0018_2021 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1975\/1975-0018\/1975-0018_2021 Revision.akn.xml","content_md5":"49a0acead60054f6cef6dce4afb4c944","byte_size":"50363","http_last_modified":null,"fetched_at":"2026-06-22 15:37:39.838919+00"},{"file_id":"897","expr_id":"449","kind":"pristine_pdf","filename":"1975-0018_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1975\/1975-0018\/1975-0018_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1975\/1975-0018\/1975-0018_2021 Revision.pdf","content_md5":"64b4886e091a10459cae77a656a0fa66","byte_size":"793164","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.89737+00"},{"file_id":"898","expr_id":"449","kind":"working_pdf","filename":"1975-0018_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1975\/1975-0018\/1975-0018_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1975\/1975-0018\/1975-0018_2021 Revision.pdf","content_md5":"64b4886e091a10459cae77a656a0fa66","byte_size":"793164","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.89737+00"}],"paragraph_count":37,"latest_history":null},"quality":{"expr_id":"449","doc_id":"449","quality_state":"needs_review","quality_score":"85","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise}","llm_categories":"{other}","repair_actions":"{manual_review,strip_page_furniture}","finding_severity_counts":"{\"medium\": 1}","finding_summary":"Sample ends abruptly with apparent OCR artifact \"ad not come into force.\"; may indicate extraction issue beyond the omitted section marker.","assessed_at":"2026-06-22 15:29:45.337641+00","updated_at":"2026-06-22 15:29:45.337641+00"}}