Probates (Resealing) Act, 2021

Summary

This Act sets out the framework for resealing in the Virgin Islands of probates and letters of administration originally granted by a court of probate in a recognised foreign or Commonwealth jurisdiction. Once resealed by the High Court, such a grant has the same force and effect in the Virgin Islands as if it had been granted there directly. It repeals and replaces the previous Probates (Resealing) Act.

• Resealing mechanism: A probate or letters of administration granted abroad may be produced to the High Court, with a copy deposited, and sealed with the Court's seal, giving it full local effect.
• Stamp duty check: The Court must be satisfied that any stamp duty payable on the estate has been paid before it will seal the grant.
• Creditor protection: On application by a creditor, the Court may require security for debts owed to Virgin Islands creditors before sealing.
• Duplicates and certified copies: A sealed duplicate or a certified copy of the probate or letters of administration has the same legal effect as the original.
• Recognised jurisdictions list: The Schedule lists the jurisdictions whose probate grants qualify for resealing (including the Cayman Islands, UK jurisdictions, Canada, Australia, and many others); the Governor may amend this list by Order with Cabinet agreement.
• Rules of Court: Rules of Court may govern procedure, fees and costs for resealing applications.

The Act's commencement is not automatic: it takes effect only on a date the Governor appoints by Proclamation in the Gazette, so its operative status should be checked separately.

Key obligations

• A person seeking recognition of a foreign grant must produce the probate or letters of administration to the High Court and deposit a copy before it can be sealed and take effect in the Virgin Islands
• The Court must confirm that applicable stamp duty on the estate has been paid before sealing a probate or letters of administration
• The Court may, on a creditor's application, require adequate security for payment of debts owed to Virgin Islands creditors before sealing
• The Governor may amend the Schedule of recognised jurisdictions only by Order published in the Gazette with Cabinet's agreement

Applies to

personal representatives (executors and administrators) of deceased persons' estates, creditors of a deceased person's estate resident in the Virgin Islands, the High Court of the Virgin Islands, legal practitioners handling probate and estate matters

Deadlines

• date to be appointed by the Governor by Proclamation published in the Gazette: The Act comes into force only once the Governor appoints a commencement date by Proclamation