Administration of Small Estates (Amendment) Act, 2021

Summary

This is a short amending Act that changes several provisions of the Administration of Small Estates Act (Cap. 4) in the British Virgin Islands. It raises the monetary threshold for what counts as a small estate, restricts eligibility to persons domiciled in the Virgin Islands, increases an associated fee, and replaces the offence provision for false statements made to the Registrar.

• Small estate threshold raised: The definition of small estate in section 2 is amended by replacing the two hundred and forty dollar limit with twenty five thousand dollars.
• Domicile requirement added: Section 3 is amended so the small estates procedure applies only where the deceased person was domiciled in the Virgin Islands.
• Fee increased: Section 7 is amended by replacing the one dollar twenty cent fee with a twenty five dollar fee.
• New offence provision: Section 8 is repealed and substituted with an offence for knowingly making a false statement to the Registrar to obtain a benefit under the Act, punishable on summary conviction by a fine of up to five thousand dollars or imprisonment for up to twelve months.

The Act does not take effect immediately; it comes into force on a date to be appointed by the Governor through a Proclamation published in the Gazette. No such date is stated in the text itself.

Key obligations

• Persons seeking to benefit under the Administration of Small Estates Act must not knowingly make a false statement to the Registrar, on pain of a fine of up to five thousand dollars or imprisonment for up to twelve months.
• Applicants must be domiciled in the Virgin Islands to use the small estates procedure under section 3 as amended.

Applies to

persons domiciled in the Virgin Islands administering small estates, executors and administrators applying under the Administration of Small Estates Act, the Registrar

Deadlines

• on such date as the Governor may, by Proclamation published in the Gazette, appoint: Commencement date of the Act is not fixed in the text and depends on a future Gazette Proclamation.

Related documents

• This document amends Administration of Small Estates Act (Cap. 4)