BELIZE ADMINISTRATION OF ESTATES ACT CHAPTER 197 ... - …

1 BELIZEADMINISTRATION OF ESTATES ACTCHAPTER 197 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003 This is a revised edition of the Substantive Laws, prepared by the Law RevisionCommissioner under the authority of the Law Revision Act, CHAPTER 3 of theSubstantive Laws of BELIZE , Revised Edition edition contains a consolidation of the following laws- PageARRANGEMENT OF SECTIONS 3 ADMINISTRATION OF ESTATES ACT 9 Amendments in force as at 31st May, OF ESTATES ACTCHAPTER 197 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003 This is a revised edition of the Substantive Laws, prepared by the Law RevisionCommissioner under the authority of the Law Revision Act, CHAPTER 3 of theSubstantive Laws of BELIZE , Revised Edition edition contains a consolidation of the following laws- PageARRANGEMENT OF SECTIONS 3 ADMINISTRATION OF ESTATES ACT 9 Amendments in force as at 31st May, SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No.

2 1 Power Lane,Belmopan, by the authority ofthe Government of of ESTATES [CAP. 197[]3 CHAPTER 197 ADMINISTRATION OF ESTATESARRANGEMENT OF SECTIONSPART IIAbolition of Descent to the of descent to heir, curtesy, dower and IIID evolution of Real and Personal of real and personal estate on personal to real estate of law affecting chattels of all personal representatives necessary to conveyanceof real of Part of EstatesCAP. 197]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No. 1 Power Lane,Belmopan, by the authority ofthe Government of []PART IVExecutors and of executor to prove or of right of executor to of of executor represents original of proving executors to exercise of estate of intestate between death and grant of courts as to persons to whom ADMINISTRATION is to as to the number of personal to grant representation of real and personal estate separatelyor not to act while ADMINISTRATION is in pendente of legal proceedings after revocation of SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No.

3 1 Power Lane,Belmopan, by the authority ofthe Government of of ESTATES [CAP. 197[] of special ADMINISTRATION where personal representative with will during minority of and liabilities of of personal representative as to of action by and against personal representative and effect ofdeath on certain causes of of persons acting on probate or of person fraudulently obtaining or retaining estate of estate of personal of estate falling to the in BELIZE of probate etc., already granted in United Kingdomor British provisions for small VAdministration of and personal estate of deceased are assets for payment of of EstatesCAP. 197]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No.

4 1 Power Lane,Belmopan, by the authority ofthe Government of [] for of beneficiary sui juris and absolutely entitled to take by executors and administrators for lodgement of of executors after expiration of period for lodging of execution of judgments against of assets where estate on property of deceased to be paid primarily out of theproperty of assent or transfer by personal of personal representative as to giving possession of landand powers of the to follow property and powers of the court in relation of conveyance not affected by revocation of of of personal representative for raising money, to appoint trustees of infant s to postpone of personal representative to file SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No.

5 1 Power Lane,Belmopan, by the authority ofthe Government of of ESTATES [CAP. 197[] upon failure of legal personal representative to file of accounts by the of right to institute of executors and VIDistribution of Residuary to real and personal estate on to the real and personal estate of a party to a commonlaw union who dies trusts in favour of issue and other classes of relatives trusts fail for want of issue attaining absolutely vested to cases of partial of of real and personal estate in Part of EstatesCAP. 197]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No. 1 Power Lane,Belmopan, by the authority ofthe Government of []PART paid in excess fees and amendment of for unauthorised intermeddling with effects, etc.

6 , of to to be will to be for deposit of original wills and other copies of SCHEDULE_____SECOND SCHEDULE_____THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No. 1 Power Lane,Belmopan, by the authority ofthe Government of of ESTATES [CAP. 197[]9 CHAPTER 197 ADMINISTRATION OF ESTATES [31st December, 1953]PART Act may be cited as the ADMINISTRATION of ESTATES this Act, unless the context otherwise requires:- ADMINISTRATION means, with reference to the real and personal estate of a de-ceased person, letters of ADMINISTRATION , whether general or limited, or with thewill annexed or otherwise; administrator means a person to whom ADMINISTRATION is granted; conveyance includes a lease, assent, disclaimer, release and every other as-surance of property or of an interest therein by any instrument, except a will,and convey has a corresponding meaning; court means the Supreme Court.]

7 Defective includes every person affected by section 19 of the Unsoundness ofMind Act, and for whose benefit a receiver has been appointed; disposition includes a conveyance, devise, bequest and an appointment ofproperty contained in a will, and dispose of has a corresponding meaning; entailed interest includes an estate tail (taking effect as an equitable interest)created before the commencement of this Act;Ch. 196, 160, of of of of of of EstatesCAP. 197]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No. 1 Power Lane,Belmopan, by the authority ofthe Government of [] equitable interests means all interests and charges in or over land or in theproceeds of sale thereof, other than legal ESTATES ; income includes rents and profits; intestate includes a person who leaves a will but dies intestate as to somebeneficial interest in his real or personal estate .

8 Land includes land of any tenure, and mines and minerals, whether or notheld apart from the surface, buildings or parts of buildings (whether the divi-sion is horizontal, vertical or made in any other way) and other corporealhereditaments and a rent or other incorporeal hereditaments, and an ease-ment, right, privilege or benefit in, over or derived from land and an estate orinterest in land not being an undivided share in land; legal ESTATES means the ESTATES , charges and interests in or over land, sub-sisting or created at law, which are by statute authorised to subsist or to becreated at law; legal mortgage means a charge created by way of legal mortgage; mortgage means any charge or lien on any property for securing money ormoney s worth; pecuniary legacy includes an annuity, a general legacy, a demonstrative legacyso far as it is not discharged out of the designated property and any othergeneral direction by a testator for the payment of money, including all estateduty from which any devise, bequest or payment is made to take effect; person of unsound mind includes a person of unsound mind whether sofound or not, and in relation to a person of unsound mind not so found, com-mittee includes a person appointed by the court to exercise the powers of acommittee under section 15 (2) of the Unsoundness of Mind Act;CAP.

9 SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2003 Printed by the Government Printer,No. 1 Power Lane,Belmopan, by the authority ofthe Government of of ESTATES [CAP. 197[]11 personal chattels means carriages, horses, stable, furniture and effects notused for business purposes, motor cars and accessories, not used for businesspurposes, garden effects, domestic animals, plate, plated articles, linen, china,glass, books, pictures, prints, furniture, jewellery, articles of household or per-sonal use or ornament, musical and scientific instruments and apparatus, wines,liquors and consumable stores, but does not include any chattels used at thedeath of the intestate for business purposes nor money or securities for money; personal property means all forms of property, movable or immovable, cor-poreal or incorporeal, other than freehold ESTATES and interests in land.]

10 Personal representative means the executor, original or by representation, oradministrator for the time being of a deceased person, and as regards any liabil-ity for the payment of estate duty, includes any person who takes possession ofor intermeddles with the property of a deceased person without the authority ofthe personal representatives or the court, and executor includes a persondeemed to be appointed executor as respects settled land; possession includes the receipt of rents and profits or the right to receive thesame, if any; prescribed means prescribed by probate rules or other rules of court; probate means the probate of a will; probate rules means rules made under section 165 of the Supreme Court ofJudicature Act; property includes a thing in action and any interest in real or personal prop-erty; purchaser includes a lessee or other person who in good faith acquires aninterest in property for valuable consideration, also an intending purchaser andCAP.