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BELIZE
ADMINISTRATION OF ESTATES ACT

CHAPTER 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 Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the
Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
ADMINISTRATION OF ESTATES ACT 9

Amendments in force as at 31st May, 2003.
BELIZE
ADMINISTRATION OF ESTATES ACT

CHAPTER 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 Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the
Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
ADMINISTRATION OF ESTATES ACT 9

Amendments in force as at 31st May, 2003.
Administration of Estates [CAP. 197 3
CHAPTER 197
ADMINISTRATION OF ESTATES
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART II
Abolition of Descent to the Heir
3. Abolition of descent to heir, curtesy, dower and escheat.
PART III
Devolution of Real and Personal Estate
4. Devolution of real and personal estate on personal representative.
5. Application to real estate of law affecting chattels real.
6. Concurrence of all personal representatives necessary to conveyance

of real estate.
7. Interpretation of Part III.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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Belmopan, by the authority of
the Government of Belize.
]
Printed by the Government Printer,
4 CAP. 197] Administration of Estates
PART IV
Executors and Administrators
8. Summons of executor to prove or renounce.
9. Cesser of right of executor to prove.
10. Withdrawal of renunciation.
11. Executor of executor represents original testator.
12. Right of proving executors to exercise powers.
13. Vesting of estate of intestate between death and grant of

administration.
14. Administration bonds.
15. Discretion of courts as to persons to whom administration is to be

granted.
16. Provisions as to the number of personal representatives.
17. Power to grant representation of real and personal estate separately

or together.
18. Executor not to act while administration is in force.
19. Administration pendente lite.
20. Continuance of legal proceedings after revocation of temporary

administration.
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21. Grant of special administration where personal representative is

abroad.
22. Administration with will annexed.
23. Administration during minority of executor.
24. Rights and liabilities of administrator.
25. Duty of personal representative as to inventory.
26. Rights of action by and against personal representative and effect of

death on certain causes of action.
27. Protection of persons acting on probate or administration.
28. Liability of person fraudulently obtaining or retaining estate of

deceased.
29. Liability of estate of personal representative.
30. Administration of estate falling to the Crown.
31. Sealing in Belize of probate etc., already granted in United Kingdom

or British possession.
32. Special provisions for small estates.
PART V
Administration of Assets
33. Real and personal estate of deceased are assets for payment of debt.
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34. Trust for sale.
35. Right of beneficiary sui juris and absolutely entitled to take over
property.
36. Notice by executors and administrators for lodgement of claims.
37. Duties of executors after expiration of period for lodging claims.
38. Suspension of execution of judgments against deceased.
39. Administration of assets where estate insolvent.
40. Charges on property of deceased to be paid primarily out of the

property charged.
41. Effect of assent or transfer by personal representative.
42. Obligations of personal representative as to giving possession of land

and powers of the court.
43. Right to follow property and powers of the court in relation thereto.
44. Validity of conveyance not affected by revocation of representation.
45. Powers of management.
46. Powers of personal representative for raising money, etc.
47. Power to appoint trustees of infant’s property.
48. Power to postpone distribution.
49. Duty of personal representative to file accounts.

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50. Procedure upon failure of legal personal representative to file an

account.
51. Examination of accounts by the accountant.
52. Saving of right to institute proceedings.
53. Remuneration of executors and administrators.
PART VI
Distribution of Residuary Estate
54. Succession to real and personal estate on intestacy.
54.01. Succession to the real and personal estate of a party to a common

law union who dies intestate.
55. Statutory trusts in favour of issue and other classes of relatives of

intestate.
56. Where trusts fail for want of issue attaining absolutely vested interest.
57. Application to cases of partial intestacy.
58. Construction of documents.
59. Interpretation of “real and personal estate” in Part VI.
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PART VII
Supplemental
60. Fees paid in excess repayable.
61. Additional fees and amendment of return.
62. Penalty for unauthorised intermeddling with effects, etc., of

deceased.
63. General savings.
64. Application of Act.
65. Application to Crown.
66. Administration to be recorded.
67. Original will to be recorded.
68. Places for deposit of original wills and other documents.
69. Official copies of will.
70. Saving.
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FIRST SCHEDULE
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SECOND SCHEDULE
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CHAPTER 197 Ch. 196,

R.L. 1958.
CAP. 160,
ADMINISTRATION OF ESTATES R.E. 1980-1990.
40 of 1963.
[31st December, 1953] 14 of 1964.
3 of 1978.
PART I 11 of 1991.
6 of 2001.
Preliminary
1. This Act may be cited as the Administration of Estates Act. Short title.
2. In this Act, unless the context otherwise requires:- Interpretation.
“administration” means, with reference to the real and personal estate of a de-
ceased person, letters of administration, whether general or limited, or with the
will 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;
“defective” includes every person affected by section 19 of the Unsoundness of CAP. 122.
Mind Act, and for whose benefit a receiver has been appointed;
“disposition” includes a conveyance, devise, bequest and an appointment of

property 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;
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“equitable interests” means all interests and charges in or over land or in the
proceeds 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 some
beneficial interest in his real or personal estate;
“land” includes land of any tenure, and mines and minerals, whether or not
held apart from the surface, buildings or parts of buildings (whether the divi-
sion is horizontal, vertical or made in any other way) and other corporeal
hereditaments and a rent or other incorporeal hereditaments, and an ease-
ment, right, privilege or benefit in, over or derived from land and an estate or
interest 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 be
created 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 or
money’s worth;
“pecuniary legacy” includes an annuity, a general legacy, a demonstrative legacy

so far as it is not discharged out of the designated property and any other
general direction by a testator for the payment of money, including all estate
duty from which any devise, bequest or payment is made to take effect;
“person of unsound mind” includes a person of unsound mind whether so

found 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 a
CAP. 122. committee under section 15 (2) of the Unsoundness of Mind Act;
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“personal chattels” means carriages, horses, stable, furniture and effects not
used for business purposes, motor cars and accessories, not used for business
purposes, 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 the
death 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;
“personal representative” means the executor, original or by representation, or

administrator 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 of
or intermeddles with the property of a deceased person without the authority of
the personal representatives or the court, and “executor” includes a person
deemed to be appointed executor as respects settled land;
“possession” includes the receipt of rents and profits or the right to receive the
same, 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 of CAP. 91.
Judicature 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 an

interest in property for valuable consideration, also an intending purchaser and
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“valuable consideration” includes marriage, but does not include a nominal

consideration in money;
“real estate”, except as provided in Part VI, means real estate (including chat-
tels real) which by virtue of Part III devolves on the personal representative of
a deceased person;
“rent” includes a rent service or a rentcharge, or other rent, toll, duty or annual
or periodical payment in money or money’s worth, issuing out of or charged
upon land, but does not include mortgage interest;
“representation” means the probate of a will and administration, and “taking

out representation” refers to the obtaining of the probate of a will or of the
grant of administration;
“securities” includes stocks, funds or shares;
“tenant for life” includes a person (not being a statutory owner) who has the
1925, c. 18. power of a tenant for life under the Settled Land Act 1925, and also (where
the context requires) one of two or more persons who together constitute the
tenant for life, or have the powers of a tenant for life;
“term of years absolute” means a term of years, taking effect either in posses-
sion or in reversion, with or without impeachment for waste, whether at a rent
or not and whether subject or not to another legal estate, and whether certain
or liable to determination by notice, re-entry, operation of law or by a provi-
sion for cesser or redemption or in any other event (other than the dropping of
a life, or the determination of a determinable life interest), but does not include
any term of years determinable with life or lives or with the cesser of a deter-
minable life interest, nor, if created after the commencement of this Act, a term
of years which is not expressed to take effect in possession within twenty-one
years after the creation thereof where required by this Act to take effect within
that period, and in this definition to the expression “terms of years” includes a
term for less than a year, or for a year or years and a fraction of a year or from
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year to year;
“trust for sale”, in relation to land, means an immediate binding trust for sale,
whether or not exercisable at the request or with the consent of any person,
and with or without a power at discretion to postpone the sale, and “power to
postpone a sale” means power to postpone in the exercise of a discretion;
“will” includes codicil.
(2) References to a child or issue living at the death of any person

include a child or issue en ventre sa mere at the death.
(3) References to the estate of a deceased person include property

over which the deceased exercises a general power of appointment, including
the statutory power to dispose of entailed interests, by his will.
PART II
Abolition of Descent to the Heir
3. (1) With regard to the real estate and personal inheritance of every Abolition of
person dying after the commencement of this Act, there shall be abolished- descent to heir,
curtesy, dower
and escheat.
(a) all existing modes, rules and canons of descent, and
of devolution by special occupancy or otherwise, of
real estate, or of a personal inheritance, whether oper
ating by the general law or by custom of any locality
or otherwise however; and
(b) tenancy by the curtesy and every other estate and in

terest of a husband in real estate as to which his wife
dies intestate, whether arising under the general law or
by custom or otherwise; and
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(c) dower and freebench and every other estate and in

terest of a wife in real estate as to which her husband
dies intestate, whether arising under the general law
or by custom or otherwise:
Provided that where a right (if any) to freebench or

other like right has attached before the commence
ment of this Act which cannot be barred by a testa
mentary or other disposition made by the husband,
such right shall, unless released, remain in force as an
equitable interest; and
(d) escheat to the Crown.
(2) Real estate of a person dying intestate after the commencement

of this Act shall devolve in the manner provided by section 4, and the residuary
estate of that person shall be distributed in accordance with section 54.
(3) Nothing in this section shall affect the descent or devolution of

an entailed interest.
PART III
Devolution of Real and Personal Estate
Devolution of real 4. (1) All real estate and personal estate to which a deceased per-
and personal son was entitled for an interest not ceasing on his death shall on his death, and
estate on personal
representative. notwithstanding any testamentary disposition thereof, devolve from time to
time on the personal representative of the deceased, in like manner as real
estate and personal estate at the commencement of this Act devolved in Belize
on the personal representative of the deceased.
(2) The personal representatives for the time being of a deceased

person are deemed in law assigns within the meaning of all trusts and powers.
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(3) The personal representatives shall be the representatives of the

deceased in regard to his real estate to which he was entitled for an interest not
ceasing on his death as well as in regard to his personal estate.
5. (1) Subject to this Act, all enactments and rules of law, and the Application to
jurisdiction of the court with respect to the appointment of administrators or to real estate of law
affecting chattels
probate or letters of administration, or to dealings before probate in the case of
real.
chattels real, and with respect to costs and other matters in the administration of
personal estate, in force before the commencement of this Act, and all powers,
duties, rights, equities, obligations and liabilities of a personal representative in
force at the commencement of this Act with respect to chattels real, shall apply
and attach to the personal representative and shall have effect with respect to
real estate vested in him.
(2) In particular, all such powers of disposition and dealing as were

before the commencement of this Act exercisable as respects chattels real by
the survivor or survivors of two or more personal representatives, as well as by
a single personal representative, or by all the personal representatives together,
shall be exercisable by the personal representatives or representative of the
deceased with respect to his real estate.
6. (1) Where, as respects real estate, there are two or more personal Concurrence of
representatives, a conveyance of real estate devolving under this Part shall not, all personal
representatives
except as otherwise provided as respects trust estates including settled land, be
necessary to
made without the concurrence therein of all such representatives or an order of conveyance of
the court, but where probate is granted to one or some of two or more persons real estate.
named as executors, whether or not power is reserved to the other or others to
prove, any conveyance of the real estate may be made by the proving execu-
tors for the time being, without an order of the court, and shall be as effectual as
if the persons named as executors had concurred therein.
(2) Without prejudice to the rights and powers of a personal repre-

sentative, the appointment of a personal representative in regard to real estate
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shall not, except as hereinafter provided, affect-
(a) any rule as to marshalling or as to administration of

assets;
(b) the beneficial interest in real estate under any

testamentary disposition;
(c) any mode of dealing with any beneficial interest in

real estate, or the proceeds of sale thereof;
(d) the right of any person claiming to be interested in

the real estate to take proceedings for the protection
or recovery thereof against any person other than
the personal representative.
Interpretation of 7. (1) In this Part “real estate” includes-

Part III.
(a) chattels real, and land in possession, remainder or

reversion, and every interest in or over land to
which a deceased person was entitled at the time of
his death; and
(b) real estate held on trust, including settled land, but

does not include money to arise under a trust for
sale of land, nor money secured or charged on land.
(2) A testator shall be deemed to have been entitled at his death to

any interest in real estate passing under any gift contained in his will which
operates as an appointment under a general power to appoint by will, or
operates under the testamentary power conferred by statute to dispose of an
entailed interest.
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(3) An entailed interest of a deceased person shall, unless disposed

of under testamentary power conferred by statute, be deemed an interest ceasing
on his death, but any further or other interest of the deceased in the same
property in remainder or reversion which is capable of being disposed of by his
will shall not be deemed to be an interest so ceasing.
(4) The interest of a deceased person under a joint tenancy where

another tenant survives the deceased is an interest ceasing on his death.
(5) Where any real or personal property or any interest therein is

or has been vested in a corporation sole, including the Crown-
(a) the interest of the corporator therein shall, on the death

of the corporator, be deemed to be an interest ceasing
on his death;
(b) the real and personal property of the corporation shall,

unless and until otherwise disposed of by the
corporation, pass and devolve to and vest in, and be
deemed always to have passed and devolved to or
vested in, the successors from time to time of such
corporation.
PART IV
Executors and Administrators
8. The court shall have power to summon any person named as executor Summons of
in any will to prove or renounce probate of the will, and to do such other things executor to
prove or
concerning the will as have heretofore been customary.
renounce.
9. Where a person appointed executor by a will- Cesser of right of

executor to
prove.
(a) survives the testator but dies without having taken out
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probate of the will; or
(b) is cited to take out probate of the will and does not
appear to the citation; or
(c) renounces probate of the will,
his rights in respect of the executorship shall wholly cease, and the representa-
tion to the testator and the administration of his real and personal estate shall
devolve and be committed in like manner as if that person had not been ap-
pointed executor.
Withdrawal of 10. (1) Where an executor who has renounced probate has been per-
renunciation. mitted, whether before or after the commencement of this Act, to withdraw
the renunciation and prove the will, the probate shall take effect and be deemed
always to have taken effect without prejudice to the previous acts and deal-
ings of and notices to any other personal representative who has previously
proved the will or taken out letters of administration, and a memorandum of
the subsequent probate shall be endorsed on the original probate or letters of
administration.
(2) This section applies whether the testator died before or after
the commencement of this Act.
Executor of exe- 11. (1) Subject to subsection (2), an executor of a sole or last surviv-
cutor represents
ing executor of a testator is the executor of that testator.
original testator.
(2) Subsection (1) shall not apply to an executor who does not
prove the will of his testator and, in the case of an executor who on his death
leaves surviving him some other executor of his testator who afterwards proves
the will of that testator, it shall cease to apply on such probate being granted.
(3) So long as the chain of such representation is unbroken, the

last executor in the chain is the executor of every preceding testator.
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(4) The chain of such representation is broken by-
(a) an intestacy; or
(b) the failure of a testator to appoint an executor; or
(c) the failure to obtain probate of a will,
but is not broken by a temporary grant of administration of probate if subse-

quently granted.
(5) Every person in the chain of representation to a testator-
(a) has the same rights in respect of the real and personal
estate of that testator as the original executor would
have had if living; and
(b) is, to the extent to which the estate whether real or

personal of that testator has come to his hands,
answerable as if he were an original executor.
12. (1) Where probate is granted to one or some of two or more per- Right of proving
sons named as executors, whether or not power is reserved to the others or executors to
exercise powers.
other to prove, all the powers which are by law conferred on the personal
representative may be exercised by the proving executor or executors for the
time being and shall be as effectual as if all the persons named as executors had
concurred therein.
(2) This section applies whether the testator died before or after
the commencement of this Act.
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Vesting of estate 13. Where a person dies intestate, his real and personal estate, until
of intestate administration is granted in respect thereof, shall vest in the Chief Justice in the
between death same manner and to the same extent as formerly in England in the case of
and grant of
administration.
personal estate it vested in the Ordinary.
Administration 14. (1) Before a probate of a will or letters of administration of any

bonds. estate is granted, the person applying for such probate or letters of administra-
tion shall give a bond to the Chief Justice, conditioned for duly collecting,
getting in and administering the real and personal estate of the deceased.
(2) The bond shall be given with such surety or sureties and in
such form as the Chief Justice may by general or special order direct and shall
provide a penalty of double the amount of the probable gross value of the real
and personal estate as stated in the petition on which the grant is made or of
such other amount as the Chief Justice may direct.
(3) Where on application made on motion, or by petition in

chambers, it appears to the satisfaction of the court or a judge that any condition
of an administration bond has been broken, the court or a judge may by order
direct the Registrar to assign the bond to a person named in the order, and the
person to whom the bond is assigned shall be entitled by virtue of the order to
sue thereon in his own name as if the bond had been originally given to him
instead of the Chief Justice and to recover thereon as trustee for all persons
interested the full amount recoverable in respect of the breach of the condition
thereof.
(4) Nothing in this section shall require the public trustee appointed
CAP. 199. and acting under the Public Trustee Act, to give an administration bond.
(5) The Chief Justice may, in any case in which he thinks it proper
to do so, dispense with the bond required by this section, and may do so
subject to such conditions as he may think fit.
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15. In granting administration the court shall have regard to the rights of all Discretion of
persons interested in the estate of the deceased person, or the proceeds of sale court as to
thereof, and, in particular, administration with the will annexed may be granted persons to whom
administration is
to a devisee or legatee, and in regard to land settled previously to the death of to be granted.
the deceased and not by his will, may be granted to the trustees of the settle-
ment and any such administration may be limited in any way the court thinks fit:
Provided that-
(a) where the deceased died wholly intestate as to his

estate, administration shall be granted to some one
or more persons interested in the residuary estate of
the deceased if they make an application for the
purpose, and as regards lands settled previously to
the death of the deceased, be granted to the trustees,
if any, of the settlement, if they are willing to act; and
(b) if, by reason of the insolvency of the estate of the

deceased or of any other special circumstances, it
appears to the court to be necessary or expedient to
appoint as administrator some person other than the
person who, but for this provision, would by law have
been entitled to the grant of administration, the court
may in its discretion, notwithstanding anything in this
Act, appoint as administrator such person as it thinks
expedient, and any administration granted under this
provision may be limited in any way the court thinks
fit.
16. (1) Probate or administration shall not be granted to more than Provisions as to
four persons in respect of the same property, and, where the gross value of the the number of
personal
estate exceeds five thousand dollars, administration shall, if there is a minority representatives.
or if a life interest arises under the will or intestacy, be granted to not less than
two individuals:
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Provided that the Court in granting administration may act on such

prima facie evidence, furnished by the applicant or any other person, as to
whether or not there is a minority or life interest, as may be prescribed by rules
of court.
(2) This section shall apply to grants made after the date of the
commencement of this Act, whether the testator or intestate died before or
after that date.
Power to grant 17. (1) Subject to subsection (2), probate or administration in re-
representation of spect of the real estate of a deceased person, or any part thereof, may be
real and personal granted either separately or together with probate or administration of his per-
estate separately or
together. sonal estate, and may also be granted in respect of real estate only where
there is no personal estate, or in respect of a trust estate only, and a grant of
administration to real estate may be limited in any way the court thinks proper.
(2) Where the estate of the deceased is known to be insolvent,

the grant of representation to the estate shall not be severed except as regards
a trust estate.
(3) The procedure and practice on the grant of administration in

the case of real estate shall be the same as in the case of personal property,
and the same rules shall apply to the one as to the other.
Executor not to 18. Where administration has been granted in respect of any real or per-
act while sonal estate of a deceased person, no person shall have power to bring any
administration is
action or otherwise act as executor of the deceased person in respect of the
in force.
estate comprised in or affected by the grant until the grant has been recalled or
revoked.
Administration 19. (1) Where any legal proceedings touching the validity of the will
pendente lite. of a deceased person or for obtaining, recalling or revoking any grant are
pending, the court may grant administration of the estate of the deceased to an
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administrator, who shall have all the rights and powers of a general administra-
tor, other than the right of distributing the residue of the estate, and every such
administrator shall be subject to the immediate control of the court and act
under its direction.
(2) The court may, out of the estate of the deceased, assign to an
administrator appointed under this section such reasonable remuneration as the
court thinks fit.
20. If, while any legal proceeding is pending in any court by or against an Continuance of
administrator to whom a temporary administration has been granted, that legal
administration is revoked, the court may order that the proceeding be contin- proceedings
after revocation
ued by or against the new personal representative in like manner as if it had of temporary
been originally commenced by or against him, but subject to such conditions administration.
and variations, if any, as the court directs.
21. (1) If, at the expiration of twelve months from the death of a person, Grant of special
any personal representative of the deceased to whom a grant has been made is administration
where personal
residing out of the jurisdiction of the court, the court may, on the application of
representative is
any creditor or person interested in the estate of the deceased, grant to him in abroad.
the prescribed form special administration of the estate of the deceased.
(2) The court may, for the purpose of any legal proceedings to
which the administrator under the special administration is a party, order the
transfer into court of any money or securities belonging to the estate of the
deceased person, and all persons shall obey any such order.
(3) If the personal representative capable of acting as such returns

to and resides within the jurisdiction of the court while any legal proceedings to
which a special administrator is a party are pending, that personal representative
shall be made a party to the legal proceedings, and the costs of and incidental
to the special administration and the legal proceedings shall be paid by such
person and out of such funds as the court in which the proceedings are pending
may direct.
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(4) When an executor or administrator to whom probate or

administration has been or may be granted departs from and remains absent
from Belize for a period of one year, without having appointed an attorney to
act for and represent him, the court may, on petition verified by affidavit proving
to the satisfaction of the court that the interests of the parties concerned in the
estate are, or will be, prejudiced by the absence of such executor or
administrator, appoint a special administrator with the will annexed or an
administrator de bonis non, as the case may be, who shall, during the absence
of such executor or administrator, on giving sufficient security, have, possess
and exercise all and singular the same power and authority as the executor or
administrator so absent as aforesaid would have had if personally present.
Administration 22. Administration with the will annexed shall continue to be granted in
with will annexed. every case where a grant was customary before the commencement of this
Act, and in such case the will of the deceased shall be performed and
observed in like manner as if probate thereof had been granted to an executor.
Administration 23. (1) Where an infant is sole executor of a will, administration with
during minority of the will annexed shall be granted to his guardian, or to such other person as the
executor.
court thinks fit, until the infant attains the age of eighteen years, and on his
3 of 1978.
attaining that age, and not before, probate of the will may be granted to him.
(2) Where a testator by his will appoints an infant to be executor,

the appointment shall not operate to transfer any interest in the property of the
deceased to the infant or to constitute him a personal representative for any
purpose unless and until probate is granted to him under this section.
Rights and 24. Every person to whom administration of the real and personal estate
liabilities of of a deceased person is granted shall, subject to the limitations contained in
administrator.
the grant, have the same rights and liabilities and be accountable in like manner
as if he were the executor of the deceased.
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25. The personal representative of a deceased person shall, when lawfully Duty of personal
required to do so, exhibit on oath in the court, a true and perfect inventory and representative
account of the real and personal estate of the deceased, and the court shall as to inventory.
have power as heretofore to require personal representatives to bring in inven-
tories.
26. (1) A personal representative may distrain for arrears of a rentcharge Rights of action
due or accruing to the deceased in his lifetime on the land affected or charged by and against
therewith, so long as the land remains in the possession of the person liable to p e r s o n a l
representative
pay the rentcharge or of the persons deriving title under him, and in like manner and effect of
as the deceased might have done had he been living. death on certain
causes of action.
(2) A personal representative may distrain upon land for arrears of
rent due or accruing to the deceased in like manner as the deceased might have
done had he been living, and such arrears may be distrained for after the
termination of the lease or tenancy as if the term or interest had not determined,
if the distress is made-
(a) within six months after the termination of the lease or

tenancy;
(b) during the continuance of the possession of the lessee

or tenant from whom the arrears were due.
(3) All statutory enactments relating to distress for rent shall apply
to any distress made pursuant to subsection (2).
(4) On the death of any person after the commencement of this

Act, all causes of action subsisting against or vested in him shall survive against,
or, as the case may be, for the benefit of, his estate:
Provided that this subsection shall not apply to the following causes of
action:
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(a) defamation;
(b) seduction or inducing one spouse to leave or remain

apart from the other; and
(c) claims for damages under section 151 of the Supreme

CAP. 91. Court of Judicature Act, on the ground of adultery.
(5) Where a cause of action survives as aforesaid for the benefit

of the estate of a deceased person, the damages recoverable for the benefit of
the estate of that person-
(a) shall not include any exemplary damage;
(b) in the case of a breach of promise to marry, shall be

limited to such damage, if any, to the estate of that
person as flows from the breach of promise to marry;
(c) where the death of that person has been caused by

the act or omission which gives rise to the cause of
action, shall be calculated without reference to any
loss or gain to his estate consequent on his death,
except that a sum in respect of funeral expenses may
be included.
(6) No proceedings shall be maintainable in respect of a cause of

action in tort which by virtue of this section has survived against the estate of a
deceased person, unless either-
(a) proceedings against him in respect of that cause of

action were pending at the date of his death; or
(b) the cause of action arose not earlier than six months
before his death and proceedings are taken in
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respect thereof not later than six months after his

personal representative took out representation.
(7) Where damage has been suffered by reason of any act or

omission in respect of which a cause of action would have subsisted against any
person if that person had not died before or at the same time as the damage
was suffered, there shall be deemed, for the purposes of this Act, to have been
subsisting against him before his death such cause of action in respect of that
act or omission as would have subsisted if he had died after the damage was
suffered.
(8) The rights conferred by this section for the benefit of the estates
of deceased persons shall be in addition to and not in derogation of any rights
conferred on the dependants of deceased persons by sections 8 to 16 inclusive
of the Torts Act, and so much of this section as relates to causes of action CAP. 172.
against the estates of deceased persons shall apply in relation to causes of
action under the said sections as it applies in relation to other causes of action
not expressly excepted from the operation of subsection (4).
(9) In the event of the insolvency of an estate against which

proceedings are maintainable by virtue of this section, any liability in respect of
the cause of action in respect of which the proceedings are maintainable shall
be deemed to be a debt provable in the administration of the estate,
notwithstanding that it is a demand in the nature of unliquidated damages arising
otherwise than by a contract, promise or breach of trust.
27. (1) Every person making or permitting to be made any payment or Protection of
disposition in good faith under a representation shall be indemnified and persons acting
on probate or
protected in so doing, notwithstanding any defect or circumstance whatever
administration.
affecting the validity of the representation.
(2) Where a representation is revoked, all payments and disposi-

tions made in good faith to a personal representative under the representation
before the revocation thereof are a valid discharge to the person making the
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same, and the personal representative who acted under the revoked repre-
sentation may retain and reimburse himself in respect of any payments or
dispositions made by him which the person to whom representation is
afterwards granted might have properly made.
Liability of 28. If any person, to the defrauding of creditors or without full valuable
persons consideration, obtains, receives or holds any real or personal estate of a
fraudulently
obtaining or
deceased person or effects the release of any debt or liability due to the estate
retaining estate of the deceased, he shall be charged as executor in his own wrong to the
of deceased. extent of the real and personal estate received or coming to his hands, or the
debt or liability released, after deducting-
(a) any debt for valuable consideration and without fraud

due to him from the deceased person at the time of
his death; and
(b) any payment made by him which might properly be

made by a personal representative.
Liability of estate 29. Where a person as personal representative of a deceased person,

of personal including an executor in his own wrong, wastes or converts to his own use any
representative.
part of the real or personal estate of the deceased, and dies, his personal
representative shall, to the extent of the available assets of the defaulter, be
liable and chargeable in respect of such waste or conversion in the same man-
ner as the defaulter would have been if living.
Administration of 30. (1) Where the residuary estate of an intestate belongs to the Crown
estate falling to the
Crown. under this Act, administration shall be granted to the Public Trustee or to some
40 of 1963. other person nominated by the Minister in that behalf.
(2) Where the administration of the real and personal estate of

any deceased person is granted to the Public Trustee or a person nominated
by the Minister, any legal proceeding by or against the Public Trustee or that
nominee for the recovery of the real or personal estate, or any part or share
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thereof, shall be of the same character, and be instituted and carried on in the
same manner, and be subject to the same rules of law and equity, including,
except as otherwise provided by this Act, the rules of limitation under the statutes
of limitation or otherwise, in all respects as if the adminis-tration had been granted
to the Public Trustee or such nominee as one of the persons interested in the
estate of the deceased.
(3) Proceedings on the part of Her Majesty shall not be filed or

instituted in respect of the real or personal estate of any deceased person or
any part or share thereof, or any claim thereon, except subject to the same
rules of law and equity within and subject to which a proceeding for the like
purposes might be instituted by or against a subject.
(4) The Public Trustee or such nominee shall not be required, when
applying for or obtaining administration of the estate of a deceased person for
the use or benefit of Her Majesty, to deliver, nor shall the court be entitled to
receive in connection with any such application or grant of administration, any
affidavit, statutory declaration, account, certificate or other statement verified
on oath, but the Public Trustee or such nominee shall deliver, and the court shall
accept in lieu thereof, an account or particulars of the estate of the deceased
signed by or on behalf of the Public Trustee or such nominee.
(5) This section shall apply as well to residuary estates falling to

the Crown before, as to residuary estates falling to the Crown after, the
commencement of this Act.
31. (1) Where a court of probate in any part of the Commonwealth or Sealing in Belize
a British court of probate in a foreign country has granted probate or letters of of probate, etc.,
already granted
administration in respect of the estate of a deceased person, or where a court in in United
Scotland has granted confirmation, the probate or letters or confirmation so Kingdom or
granted may, on being produced to, and a copy thereof deposited with, the British
court, be sealed with the seal of the court and, thereupon, shall be of the like possession.
force and effect and have the same operation in Belize as if granted by the
court:
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Provided that the court shall, before sealing a probate or letters of

administration or a confirmation under this section, be satisfied-
(a) that the estate duty, if any, has been paid in respect
of so much, if any, of the estate as is liable to estate
duty in Belize; and1
(b) that sufficient security has been given in respect of

the property, if any, in Belize to which the probate
or letters of administration or confirmation relate.
(2) For the purposes of this section, a duplicate of any probate or

letters of administration or confirmation sealed with the seal of the court granting
the same, shall have the same effect as the original.
(3) In this section-
“British court in a foreign country” means any British court having jurisdiction
out of Her Majesty’s dominions in pursuance of an Order in Council, whether
made under any Act or otherwise;
“court of probate” means any court or authority, by whatever name desig-

nated, having jurisdiction in matters of probate.
Special provisions 32. (1) Where it is alleged by an applicant for probate or letters of
for small estates. administration whether with the will annexed or in cases of intestacy that the
14 of 1964.
net value of the estate which is the subject of the application is under four
hundred dollars, the procedure for obtaining a grant of probate or letters of
1
The Estate Duty Act, Chapter 42 of the Revised Edition 1980-1990 was repealed by the
Estate Duty (Repeal) Act (No. 11 of 1991). Consequently, this paragraph applies to estate
duty chargeable on estates before 1st April, 1991, the date Act 11 of 1992 came into force.
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administration shall be as stated in the following subsections of this section.
(2) (a) In the case of an application for probate or for letters

of administration with the will annexed, the application shall
be by petition accompanied by production of the will and
by an inventory of the estate. The petition shall be supported
by an affidavit, and the inventory by a declaration, of the
applicant; and the will shall be accompanied by an affidavit
of the due execution thereof.
(b) In the case of an application for letters of

administration on an intestacy application, the application
shall be by petition accompanied by an inventory of the
estate. The petition shall be supported by an affidavit, and
the inventory by a declaration, of the applicant.
(3) Notice of application for letters of administration, whether with

the will annexed or in cases of intestacy, shall be given in the Gazette for three
successive weeks before such letters may be granted.
(4) On payment of a fee of two dollars by the applicant, it shall be

the duty of the Registrar, if requested by the applicant, to assist the applicant
with the preparation of all the papers mentioned in subsections (2) and (3).
(5) Where the net value of the estate is estimated to be less than
four hundred dollars-
(a) the applicant shall not be required to furnish any bond

under section 14;
(b) the Registrar shall lay his report thereon before the
Chief Justice or other Judge of the Supreme Court
who may, if he is satisfied that the applicant is entitled
to administer the estate of the deceased, direct a grant
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of probate or letters of administration, as the case

may be, to issue to the applicant;
(c) no fee other than the two dollars mentioned in

subsection (4) shall be payable by the applicant either
in respect of the issue of the grant of probate or
letters of administration or for court fees, or stamp
duty, or otherwise.
(6) (a) Where the net value of the estate is estimated to be

four hundred dollars or greater:-
(i) the Registrar shall be entitled to charge

Second Schedule. the fees in the Second Schedule for
services rendered by him in assisting
the applicant with the preparation of
any papers mentioned in subsections
(2) and (3), which fees shall be paid
into the Public Treasury. Such fees
shall be additional to the fee of two
dollars payable under subsection (4);
(ii) the application shall proceed in the

ordinary manner under this Act other
than this section, and the ordinary fees
shall be chargeable;
(iii) no grant of probate or of letters of

administration of the estate shall issue
until any fees required to be paid by
subparagraph (i) of this paragraph
have been paid by the applicant.
(7) In this section, the expression “net value” in relation to an

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estate, means the value of the estate after the deductions allowed have been
made.
PART V
Administration of Assets
33. (1) The real and personal estate, whether legal or equitable, of a Real and personal
deceased person, to the extent of his beneficial interest therein, and the real and estate of
deceased are
personal estate of which a deceased person in pursuance of any general power,
assets for
including the statutory power to dispose of entailed interests, dis-poses by his payment of debt.
will, are assets for payment of his debts, whether by specialty or simple con-
tract, and liabilities, and any disposition by will inconsistent with this enactment
is void as against the creditors, and the court shall, if necessary, administer the
property for the purpose of the payment of the debts and liabilities.
(2) This subsection takes effect without prejudice to the rights of

encumbrances.
(3) If any person to whom any such beneficial interest devolves, or

is given, or in whom any such interest vests, disposes thereof in good faith
before an action is brought or process is sued out against him, he shall be
personally liable for the value of the interest so disposed of by him, but that
interest shall not be liable to be taken in execution in the action or under the
process.
34. (1) Subject to this section, on the death of a person, his real or Trust for sale.
personal estate shall be held by his personal representatives-
(a) as to the real estate, upon trust to sell it; and
(b) as to the personal estate, upon trust to call in, sell and
convert into money such part thereof as may not
consist of money,
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with power to postpone such sale and conversion for such a period as the
personal representatives, without being liable to account, may think proper,
and so that any reversionary interest be not sold until it falls into possession,
unless the personal representatives see special reason for sale, and so also
that, unless required for purposes of administration owing to want of other
assets, personal chattels be not sold except for special reason.
(2) Out of the net money to arise from the sale and conversion of
such real and personal estate, after payment of costs, and out of the ready
money of the deceased, so far as not disposed of by his will, if any, the personal
representative shall pay all such funeral, testamentary and administration
expenses, debts and other liabilities as are properly payable thereout, having
regard to the rules of administration contained in this Part, and out of the
residue of the said money the personal representative shall set aside a fund
sufficient to provide for any pecuniary legacies bequeathed by the will, if any,
of the deceased.
(3) During the minority of any beneficiary or the subsistence of

any life interest and pending the distribution of the whole or any part of the
estate of the deceased, the personal representatives may invest the residue of
the said money, or so much thereof as may not have been distributed, in any
investments for the time being authorised by statute for the investment of trust
money, with power, at the discretion of the personal representatives, to change
such investments for others of a like nature.
(4) The residue of the said money and any investments for the
time being representing it, including, but without prejudice to the trust for sale,
any part of the estate of the deceased which may be retained unsold and is not
required for the administration purposes aforesaid, is, as regards a person
dying an intestate, in this Act referred to as “the residuary estate of the intestate.”
(5) The income, including net rents and profits of real estate and
chattels real after payment of rates, taxes, rent, costs of insurance, repairs and
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other outgoings properly attributable to income, of so much of the real and

personal estate of the deceased as may not be disposed of by his will, if any, or
may not be required for the administration purposes aforesaid, may, however
such estate is invested, as from the death of the deceased, be treated and applied
as income, and for that purpose any necessary apportionment may be made
between tenant for life and remainderman.
(6) Nothing in this section affects the rights of any creditor of the
deceased or the rights of the Crown in respect of estate duty.
(7) Where the deceased leaves a will, this section has effect subject
to the provisions contained in the will, and the trust for sale shall extend only so
far as it is necessary to raise money for the payment of the funeral, testamentary
and administration expenses and the debts and other liabilities of the deceased.
(8) Nothing contained in this section shall authorise the personal

representatives to execute the trust for sale in regard to any real property in
which an infant or person of unsound mind has any share or interest unless leave
of the court to sell and dispose of that property is previously obtained.
35. (1) Notwithstanding the statutory trust for sale of the real estate Rights of
and personal estate of a deceased person, the personal representatives shall be beneficiary sui
juris and
bound, if requested to do so, to convey or deliver over to all persons of full age
absolutely
absolutely entitled to the residuary estate of the deceased or any part thereof, entitled to take
any real and personal property not required for the payment of the funeral, over property.
testamentary and administration expenses and the debts and other liabilities of
the deceased, instead of executing the statutory trust for sale.
(2) For the purposes of subsection (1), such person of full age
absolutely entitled as aforesaid may pay to the personal representative the whole
or part of the money necessary to meet the funeral, testamentary and
administration expenses and the debts and other liabilities of the deceased so as
to render unnecessary the sale and realisation of the whole or part of the real
and personal property of the deceased.
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(3) Where an infant is absolutely entitled to the residuary estate of

a deceased person, and any real and personal property of the deceased is not
required for the payment of the funeral, testamentary and administration
expenses and the debts and other liabilities of the deceased, the personal
representative, before executing the statutory trust for sale, shall apply for the
directions of the court on the matter of the sale and realisation of the residuary
estate.
Notice by exe- 36. (1) Every executor or administrator to whom probate or letters
cutors and adminis- of administration is or are granted shall, so soon as he enters on the adminis-
trators for
lodgement of
tration of the estate and within fourteen days after the date of the grant, cause
claims. a notice to be published in the Gazette and in some newspaper circulating in
the district or town in which the deceased ordinarily resided, calling upon all
persons having claims as creditors against the deceased or his estate to lodge
them with the executor or administrator within three months from the date of
the first publication of the notice.
(2) The notice shall be published at least twice, with an interval of

a week between each publication.
(3) All claims which would be provable in case of the insolvency

of the estate shall be deemed to be claims of creditors for the purposes of this
Act.
Duties of exe- 37. (1) On the expiration of the period notified in the Gazette in man-
cutors after
ner hereinbefore provided, every executor or administrator aforesaid shall forth-
expiration of
period for lodging with proceed to rank, according to their legal order of preference, all claims of
claims. creditors against the deceased or his estate lodged with him, or of the exist-
ence of which he knows, and shall pay them in that order of preference as
soon as the funds necessary for that purpose have been realised out of the
estate.
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(2) If the proceeds of the estate are found to be insufficient for the
payment of all the valid claims of creditors against it, the executor or administrator
shall be liable to pay to anyone having a valid claim the amount which that
person would have been entitled to receive in respect of his claim if ranked
according to the legal order of preference, so far as the executor or administrator
has, within the period last mentioned, or afterwards at any time when he knew
of the existence of the claim, paid that amount to any person the payment of
whose claim against the deceased or his estate according to the legal order of
preference ought to have been postponed until the valid claim aforesaid had
been satisfied, reserving always to the executor or administrator recourse against
the person to whom payment of his claim was improperly made:
Provided that-
(a) when the notice to creditors aforesaid has been duly

published, no creditor claiming against the estate of
any deceased person who has not lodged his claim
with the executor or administrator within the period
aforesaid, or thereafter before the distribution of the
estate has been completed, shall in respect of his claim
be entitled to recover from any person having a valid
claim as a creditor against the estate restitution of
any portion of that estate paid to that person in
satisfaction of his claim after the expiry of that period
and before the claim of the person seeking restitution
was lodged with the executor or administrator,
although if lodged in due time the lastmentioned claim
would, according to the legal order of preference,
have been preferred to that of the person to whom
payment was previously made; and
(b) that creditor shall have no claim against an executor

or administrator duly appointed in respect of any
distribution aforesaid of the funds of any estate made
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by him after the expiry of the period aforesaid and

before the claim of the creditor was known to the
executor or administrator.
Suspension of 38. No person who has obtained the judgment of a competent court against
execution of a deceased person in his lifetime, or against his executor or estate, shall sue
judgments
out or obtain any process in execution thereon before the expiration of the
against
deceased. period notified in the Gazette in manner provided in section 36, and no per-
son shall thereafter within six months after the grant of probate or letters of
administration obtain any process in execution without first obtaining an order
of the court.
Administration of 39. (1) Where the estate of a deceased person is insolvent, his real
assets where and personal estate shall be administered in accordance with the rules set out
estate insolvent.
Part I, First
in Part I of the First Schedule.
Schedule.
(2) The right of retainer of a personal representative and his right
to prefer creditors may be exercised in respect of all assets of the deceased,
but the right of retainer shall only apply to debts owing to the personal
representative in his own right whether solely or jointly with another person.
(3) Subject as aforesaid, nothing in this Act affects the right of

retainer of a personal representative, or his right to prefer creditors.
(4) Where the estate of a deceased person is solvent his real and
personal estate shall, subject to rules of court and the provisions hereinafter
contained as to charges on property of the deceased, and to the provisions, if
any, contained in his will, be applicable towards the discharge of the funeral,
testamentary and administration expenses, debts and liabilities payable thereout
First Schedule. in the order mentioned in Part II of the First Schedule.
Part II.
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40. (1) Where a person dies possessed of, or entitled to, or under a Charges on
general power of appointment including the statutory power to dispose of en- property of
deceased to be
tailed interests, by his will disposes of, an interest in property, which at the time paid primarily
of his death is charged with the payment of money, whether by way of legal out of the
mortgage, equitable charge or otherwise, including a lien for unpaid purchase property
money, and the deceased has not by will, deed or other document signified a charged.
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 or other intention shall not be deemed to be

signified-
(a) by a general direction for the payment of debts or of

all the debts of the testator out of his personal estate,
or his residuary real and personal estate; or
(b) by a charge of debts upon any 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.
41. (1) A personal representative may assent to the vesting, in any Effect of assent
person who, whether by devise, bequest, devolution, appropriation or other- or transfer by
wise, may be entitled thereto, either beneficially or as a trustee or personal personal
representative.
representative, of any estate or interest in real estate to which the testator or
intestate was entitled or over which he exercised a general power of appoint-
ment by his will, including the statutory power to dispose of entailed interests,
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and which devolved upon the personal representative.
(2) The assent shall operate to vest in that person the estate or
interest to which the assent relates and, unless a contrary intention appears,
the assent shall relate back to the death of the deceased.
(3) An assent to the vesting of a legal estate shall be in writing

signed by the personal representative, and shall name the person in whose
favour it is given, and shall operate to vest in that person the legal estate to
which it relates, and an assent not in writing or not infavour of a named person
shall not be effectual to pass a legal estate.
(4) Every person in whose favour an assent or transfer of a legal

estate is made by a personal representative shall present that assent or transfer
to the Registrar who shall, upon satisfying himself of the regularity thereof,
issue to that person a certificate of title to the land in question which shall be
the only evidence of the ownership of the legal estate.
(5) A transfer of a legal estate by a personal representative to a

purchaser shall not be invalidated by reason only that the purchaser may have
notice that all the debts, liabilities, funeral and testamentary or administration
expenses, duties and legacies of the deceased have not been discharged or
provided for.
(6) An assent or transfer given or made by a personal represen-

tative shall not, except in favour of a purchaser of a legal estate, prejudice the
right of the personal representative or any other person to be indemnified out
of such estate or interest against any duties, debt or liability to which such
estate or interest would have been subject if there had not been any assent or
transfer.
(7) A personal representative may, as a condition of giving an

assent or making a transfer, require security for the discharge of any such
duties, debt or liability, but shall not be entitled to postpone the giving of an
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assent merely by reason of the subsistence of any such duties, debt or liability if
reasonable arrangements have been made for discharging the same, and an
assent may be given subject to any legal estate or charge by way of a legal
mortgage.
(8) This section applies to assents and transfers made after the
commencement of this Act, whether the testator or intestate died before or
after such commencement.
42. (1) A personal representative, before giving an assent or making a Obligations of

transfer in favour of any person entitled, may permit that person to take personal
representative as
possession of the land, and such possession shall not prejudicially affect the to giving
right of the personal representative to take or resume possession, or his power possession of
to transfer the land as if he were in possession thereof, but subject to the inter- land and powers
est of any lessee, tenant or occupier in possession or in actual occupation of the of the Court.
land.
(2) Any person who as against the personal representative claims

possession of real estate, or the appointment of a receiver thereof, or a transfer
thereof, or an assent to the vesting thereof or to be registered as proprietor
thereof under the General Registry Act, may apply to the court for directions CAP. 327.
with reference thereto, and the court may make such vesting or other order as
may be deemed proper, and the provisions of the Trusts Act relating to vesting, CAP. 202.
shall apply.
(3) This section applies whether the testator or intestate died before
or after the commencement of this Act.
43. (1) An assent or transfer by a personal representative to a person Right to follow

other than a purchaser does not prejudice the rights of any person to follow the property and
property to which the assent or transfer relates, or any property representing it, powers of the
court in relation
into the hands of the person in whom it is vested by the assent or transfer, or of thereto.
any other person, not being a purchaser, who may have received the same or in
whom it may be vested.
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(2) Notwithstanding any such assent or transfer, the court may,

on the application of any creditor or other person interested-
(a) order a sale, exchange, mortgage, charge, lease,

payment, transfer or other transaction to be carried
out which the court considers requisite for the
purpose of giving effect to the rights of the persons
interested;
(b) declare that the person, not being a purchaser, in

whom the property is vested is a trustee for those
purposes;
(c) give directions respecting the preparation and

execution of any transfer or other instrument or as
to any other matter required for giving effect to the
order;
(d) make any vesting order, or appoint a person to

CAP. 202. convey, in accordance with the Trusts Act.
(3) Nothing in subsections (1) and (2) contained shall operate to

enable the title to any legal estate in land to be evidenced otherwise than by a
CAP. 327. certificate of title issued under Part III of the General Registry Act, and the
rights created by a vesting order or transfer under paragraph(d) of subsection
(2) shall lead to the issue of a certificate of title by the Registrar under that Act.
(4) This section does not prejudice the rights of a purchaser or a

person deriving title under him.
Validity of convey- 44. (1) All transfers of any interest in real or personal estate made to
ance not affected a purchaser either before or after the commencement of this Act by a person
by revocation of
representation. to whom probate or letters of administration have been granted are valid,
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notwithstanding any subsequent revocation or variation, either before or after

the commencement of this Act, of the probate or administration.
(2) This section takes effect without prejudice to any order of the
court made before the commencement of this Act, and applies whether the
testator or intestate died before or after such commencement.
45. (1) In dealing with the real and personal estate of the deceased, his Powers of
personal representatives shall, for purposes of administration, or during a management.
minority of any beneficiary or the subsistence of any life interest, or until the
period of distribution arrives, have-
(a) the same powers and discretions, including power to

raise money by mortgage or charge, whether or not
by deposit of documents, as a personal representative
had before the commencement of this Act, with
respect to personal estate vested in him, and such
power of raising money by mortgage may in the case
of land be exercised by way of legal mortgage; and
(b) all the powers, discretions and duties conferred or

imposed by law on trustees holding land upon an
effectual trust for sale, including power to overreach
equitable interests and power as if the same affected
the proceeds of sale; and
(c) all the powers conferred by statute on trustees for

sale, and so that every contract entered into by a
personal representative shall be binding on and be
enforceable against and by the personal representative
for the time being of the deceased, and may be carried
into effect, or be varied or rescinded by him and, in
the case of a contract entered into by a predecessor,
as if it had been entered into by himself.
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(2) Nothing in this section shall affect the right of any person to
require an assent or transfer to be made.
(3) This section applies whether the testator or intestate died

before or after the commencement of this Act.
Powers of 46. (1) For giving effect to beneficial interests, the personal represen-
personal tatives may demise land for a term of years absolute, with or without impeach-
representative
for raising ment for waste, to trustees on usual trusts for raising or securing any principal
money, etc. sum and the interest thereon for which the land, or any part thereof, is liable,
and may grant a rentcharge for giving effect to any annual or periodical sum for
which the land or the income thereof or any part thereof is liable.
(2) This section applies whether the testator or intestate died

before or after the commencement of this Act.
Power to appoint 47. (1) Where an infant is absolutely entitled under the will or on the
trustees of infant’s intestacy of a person dying before or after the commencement of this Act, in
property.
this subsection called “the deceased”, to a devise or legacy, or to the residue
of the estate of the deceased, or any share therein, and such devise, legacy,
residue or share is not under the will, if any, of the deceased, devised or
bequeathed to trustees for the infant, the personal representatives of the
deceased may appoint two or more individuals not exceeding four, whether or
not including the personal representatives or one or more of the personal
representatives, to be the trustee or trustees of any such devise, legacy,
residue or share for the infant, and to be trustees of any land devised or any
land being or forming part of such residue or share for the purposes of the
1925, c. 18. Settled Land Act 1925, and of the statutory provisions relating to the manage-
ment of land during a minority, and may execute or do any assurance or thing
requisite for vesting such devise, legacy, residue or share in the trustee or
trustees so appointed.
(2) On such appointment, the personal representatives as such,

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shall be discharged from all further liability in respect of such devise, legacy,
residue or share, and it may be retained in its existing condition or state of
investment, or may be converted into money, and such money may be invested
in any authorised investment.
(3) Where a personal representative has before the commence-

ment of this Act retained or sold any such devise, legacy, residue or share, and
invested it or the proceeds thereof in any investments in which he was authorised
to invest money subject to the trust, then, subject to any order of the court
made before such commencement, he shall not be deemed to have incurred
any liability on that account, or by reason of not having paid or transferred the
money or property into court.
48. Subject to this Act, a personal representative is not bound to distribute Power to postpone
the estate of the deceased before the expiration of one year from the death. distribution.
49. (1) Every executor and administrator shall administer and Duty of personal
distribute the estate which he is appointed to administer according to law and representative to
the provisions of any valid will relating to that estate and, as soon as may be file accounts.
after the expiration of the period notified in the Gazette in accordance with
rules of court and not later than twelve months from the day on which probate
or letters of administration are issued to him, unless upon application to the
Registrar on sufficient cause shown to his satisfaction further time is granted by
the Registrar for that purpose, file in the Registry a full and true account, verified
by affidavit and supported by vouchers, of the administration and distribution of
the estate.
(2) If the account is not the final account it shall set forth all debts
due to the estate still outstanding and all property, goods and effects, still unsold
and unrealised, and the reason why they have not been collected, sold or realised,
as the case may be.
(3) The executor or administrator shall, every twelve months after

the filing of the first account, render further accounts of his administration and
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distribution until the estate is fully administered, and if he fails to do so, shall be
liable to be dealt with in accordance with section 50.
(4) The account shall be open at the Registry for inspection, during
office hours for not less than twenty-one days after it is filed, by any person
interested in the estate.
(5) The Registrar shall, immediately after the account is filed, give
notice on two successive Saturdays that it is so open to inspection, by publication
in the Gazette and in some newspaper circulating in the town or district in
which the deceased ordinarily resided, and shall state in the notice the period
and place during and at which the account will be open for inspection.
(6) Anyone interested in the estate may, at any time before the
expiration of the period allowed for inspection, file with the Registrar objection
in writing to the account with the reasons therefor.
(7) If the Registrar is of opinion that an objection ought to be

sustained, he shall direct the executor or administrator to amend the account
or shall give any other directions he thinks fit:
Provided that-
(a) the executor or administrator or any other person

aggrieved by the direction of the Registrar may, within
twenty-one days after the date of that direction and
after giving notice to all other interested parties, apply
to the court for an order to set it aside, and the court
may make any order it thinks just; and
(b) when the direction affects the interests of a person

who has not lodged an objection, the account so
amended shall be again open for inspection in the
manner and with the notices aforesaid, unless the
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person so affected consents in writing to the account

being acted upon.
(8) The executor or administrator shall, forthwith after filing with

the Registrar any account, forward through the post to every creditor, beneficiary
and other person interested in the estate a notice stating that he has filed his
account and shall, in the affidavit verifying the account, set forth the names and
postal addresses of the persons to whom he intends to forward that notice.
(9) The executor or administrator shall, as against the estate, be

entitled to the costs and expenses of and attendant on the rendering and filing of
an account and the forwarding of notices, if the account is filed within the time
prescribed, but not otherwise.
50. (1) Whenever an executor or administrator fails to file the account Procedure upon
with the Registrar, or to comply with any direction or requirement mentioned in failure of legal
personal
section 49, the Registrar or any person having an interest in the estate may
representative to
apply to the court for an order calling upon him to show cause why the account file an account.
has not been so filed or the direction or requirement complied with:
Provided that-
(a) the Registrar or other person aforesaid shall, within

one month before making that application, apply by
letter to the executor or administrator in default
requiring him to file his account or to comply with the
direction or requirement on pain of being called upon
to show cause under this section; and
(b) an executor or administrator who receives the last

mentioned application may file with the Registrar any
grounds and reasons he is able to state why he has
not filed his account or complied with the direction or
requirement, and the Registrar, if those grounds and
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reasons seem to him sufficient, may grant to the

executor or administrator any extension of time which
in the circumstances he deems reasonable, reserving
always the right of any person having an interest in
the estate to bring under review before the court the
decision of the Registrar granting the extension; and
(c) any executor or administrator in default, if he fails to

satisfy the Registrar that he ought to be granted an
extension of time, may apply to the court, of which
application notice shall be given to the Registrar and
other person aforesaid, for an order granting to him
an extension of time within which to file his account,
or comply with the direction or requirement.
(2) Notwithstanding that the court may be of opinion that the

grounds and reasons filed with the Registrar by an executor or administrator
would have warranted the Registrar in granting an extension of time, the executor
or administrator may be ordered to pay the costs of the application if in the
opinion of the court the conduct of the executor or administrator was such as
to render it just and equitable that he should bear the cost of the application.
(3) The costs adjudged to the Registrar or other person aforesaid

upon any process sued out by him or on his behalf shall be payable by the
executor or administrator in default personally and shall not be charged against
the estate, unless the executor or administrator is authorised by the court to do
so.
Examination of 51. (1) At the request and cost of any interested party, every account
accounts by the filed by an executor or administrator with the Registrar as hereinbefore
accountant. provided, together with all vouchers, books and other documents relating thereto
may, at the expiration of three months after the filing of the account, be laid
before an accountant who shall thereupon examine and investigate the
account and, if it is in order, pass it by certificate indorsed thereon.
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(2) If the account fails to carry out the terms of the will, if any, or is
incomplete or out of order in any other way whatever, the accountant shall
report to that effect in writing to the Registrar, giving particulars of the defect or
incompleteness of the account, and the Registrar shall thereupon notify the
executor or administrator of the estate of it, with a request to complete or
amend the account in accordance with the report.
(3) The Registrar may, before the account is passed, refer any
question of principle or point of law, or the interpretation of any Act arising
thereon, to the court to be argued in chambers.
(4) The court may in its discretion decide the question without
argument and direct the accountant to certify accordingly.
(5) For the purposes of this section, the Registrar may, with the
approval of the Judge, appoint a fit and proper person as accountant.
52. Nothing in sections 49, 50 and 51 shall deprive any interested party of Saving of right
his right to institute an action for the administration of the estate of a deceased to institute
person or to proceed by summons under Order 55 of the Supreme Court proceedings.
Rules, or any other rules of law or equity for any relief to which he may be
entitled.
53. (1) Every executor and administrator shall, in respect of his admin- Remuneration of
istration, distribution and final settlement of any estate, be entitled to claim and executors and
administrators.
receive out of the assets of the estate, or from anyone who, as legatee, devisee
or creditor, is entitled on administration to the whole or any portion of the
estate, any remuneration fixed by the will of the deceased or, in case no such
remuneration is fixed or the deceased dies intestate, by the Registrar not
exceeding the rates following-
(a) where the total value of the property does not exceed
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ten thousand dollars, five per centum on the amount

of all receipts; and
(b) where the total value of the property exceeds ten

thousand dollars, five per centum on ten thousand
dollars and three per centum on the amount of all
receipts over and above ten thousand dollars:
Provided that where any plantation, farm, business or undertaking is

carried on or is being administered, the remuneration shall not be payable on
the gross receipts but shall be that determined and fixed by the Registrar
according to the circumstances of each particular case.
(2) The amount assessed by the Registrar as the remuneration of

an executor or administrator shall be subject to review by the court upon the
application of the executor or administrator or of any person having an interest
in the estate.
(3) If any executor or administrator fails to administer any estate

with due diligence or fidelity, or to file or render the account of his administration
and distribution of the estate in due course of law, and has no lawful and
sufficient excuse for his failure, the Registrar may disallow the whole or any
portion of the remuneration which he might otherwise have been entitled to
receive in respect of his administration of the estate, subject, however, to review
by the court.
(4) For the purposes of this section, the term “receipts” includes
rent, interest and book debts, but does not include money in the hands of the
deceased at the time of his death, the proceeds of the sale of effects and
realisation of investments, and the like, and the remuneration assessed on the
amount of such money, proceeds of sale and realisation of investments, and
the like, shall not exceed one-half the rates allowed in subsection (1) (a) and
(b).
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PART VI
Distribution of Residuary Estate
54. (1) The residuary estate of an intestate shall be distributed in the Succession to
manner mentioned in this section, namely- real and personal
estate on
intestacy.
(a) if the intestate leaves a wife or husband, with or without
issue, the surviving wife or husband shall take the
personal chattels absolutely, and the residuary estate
of the intestate, other than the personal chattels, shall
stand charged with the payment of a net sum of six
hundred dollars free of costs to the surviving wife or
husband;
(b) if the intestate leaves no issue, the surviving wife or

husband shall, in addition to the interests taken under
paragraph (a) of this subsection, take one-half of the
residuary estate absolutely;
(c) if the intestate leaves issue, the surviving wife or

husband shall, in addition to the interests taken under
paragraph (a) of this subsection, take one-third only
of the residuary estate absolutely, and the issue shall
take the remaining two-thirds of the residuary estate
absolutely;
(d) if the intestate leaves issue, but no wife or husband,

the issue of the intestate shall take the whole residuary
estate of the intestate absolutely;
(e) if the intestate leaves no issue but both parents, then,

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subject to the interests of a surviving wife or husband,

the father and mother of the intestate shall take the
residuary estate of the intestate absolutely in equal
shares;
(f) if the intestate leaves no issue, but one parent only

then, subject to the interests of a surviving wife or
husband, the surviving father or mother shall take
the residuary estate of the intestate absolutely;
(g) if the intestate leaves no issue or parent then, subject

to the interests of a surviving wife or husband, the
brothers and sisters of the whole blood of the
intestate shall take the residuary estate of the intestate
absolutely in equal shares, but if no person takes an
absolutely vested interest under this paragraph, then
the brothers and sisters of the half blood of the
intestate shall take the residuary estate of the intestate
absolutely in equal shares;
(h) if the intestate leaves no issue or parents or brothers

or sisters (whether of the whole or half blood) then,
subject to the interests of a surviving wife or husband,
the grandparents of the intestate shall take the
residuary estate of the intestate absolutely (and if
more than one survives the intestate they shall take
absolutely in equal shares), but if there is no
grandparent, then the uncles and aunts of the
intestate, being brothers and sisters of the whole
blood of a parent of the intestate, shall take the
residuary estate of the intestate absolutely in equal
shares, but if no person takes an absolutely vested
interest as such uncle or aunt, then the uncles and
aunts of the intestate being brothers and sisters of
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the half blood of a parent of the intestate, shall take

the residuary estate of the intestate absolutely in equal
shares;
(i) if the intestate leaves no relative entitled to his residuary

estate under this subsection, then a surviving wife or
husband shall take the whole residuary estate of the
intestate absolutely;
(j) 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 to escheat, and the
Crown may, out of the whole or any part of the
property devolving on it, provide, in accordance with
the existing practice, for 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 and wife shall for all purposes of distribution or

division under this section be treated as two persons.
54.01. Notwithstanding anything contained in this Act, where a party to a Succession to the
common law union dies intestate, the distribution of the residuary estate of such real and personal
a party shall be governed by the provisions of this Part, and to give effect to the estate of a party
to a common law
provisions of this section, this Part shall be read and construed with the follow- union who dies
ing modifications:- intestate.
6 of 2001.
(a) wherever the word “wife” occurs in this Part, it shall
be substituted by the words “female party to the
common law union”;
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(b) wherever the word “husband” occurs in this Part, it

shall be substituted by the words “male party to the
common law union”;
(c) wherever the words “issue,” “leaving issue” or

“leaving a child or other issue” occurs in this Part,
such words shall be respectively substituted by the
words “issue of the common law union”, “leaving
issue of the common law union”, or “leaving a child
or other issue of the common law union.”
Statutory trusts 55. (1) Where under this Part the issue of the intestate takes the
in favour of issue residuary estate, or any part thereof, it shall, until lawfully paid over to the
and other classes
of relatives of
issue, be held by the personal representatives upon the following trusts, namely-
intestate.
(a) in trust, in equal shares if more than one, for all or
3 of 1978. any of the children or child of the intestate living at
the death of the intestate, who attain the age of
eighteen years or marry under that age, and for all
or any of the issue living at the death of the intestate
who attain the age of eighteen years or marry under
that age of any child of the intestate who predeceased
the 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 power of advancement, and the

statutory provisions which relate to maintenance and
accumulation of surplus income under sections 31
1925, c. 19. and 32 of the Trustee Act 1925, shall apply, but
when an infant marries such infant shall be entitled
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to give valid receipts for the income of the infant’s

share or interest;
(c) where the property held on the trusts for issue is

divided into shares, then any money or property
which, by way of advancement or on the marriage of
a child of the intestate, has been paid to such child of
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;
(d) the personal representatives may permit any infant

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) Where under this Part any class of relatives of the intestate
takes the residuary estate, or any part thereof, it shall, until lawfully paid over to
such relatives, be held by the personal representatives on trusts corresponding
to the statutory trusts on which the residuary estate is to be held 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 that class for refer-
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ences to the children or child of the intestate.
Where trusts fail 56. If the trusts in favour of the issue of the intestate fail by reason of no
for want of issue child or other issue attaining an absolutely vested interest-
attaining
absolutely vested
interest. (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 may not have
been paid or applied under any power affecting it,
shall go, devolve and be held under this Part as if
the intestate had died without leaving issue living at
the death of the intestate; and
(b) references in this Part to the intestate “leaving no

issue” shall be construed as “leaving no issue who
attain an absolutely vested interest”; and
(c) references in this Part to the intestate “leaving issue”

or “leaving a child or other issue” shall be construed
as “leaving issue who attain an absolutely vested
interest”.
Application to 57. Where any person dies leaving a will effectively disposing of part of
cases of partial
his property, this Part shall have effect as respects the part of his property not
intestacy.
so disposed of, subject to the following modifications-
(a) the requirements 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 any other persons;
(b) the personal representative shall, subject to his rights

and powers for the purposes of administration, be a
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trustee for the persons entitled under this Part in

respect of 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.
58. (1) References to any Statutes of Distribution in an instrument inter Construction of

vivos made, or in a will coming into operation, after the commencement of this documents.
Act, shall be construed as references to this Part, and references in such an
instrument or will to statutory next of kin shall be construed, unless the context
otherwise requires, as referring to the persons who would take beneficially on
an intestacy under this Part.
(2) Trusts declared in an instrument inter vivos made, or in a will

coming into operation, before the commencement of this Act by reference to
the Statutes of Distribution shall, unless the contrary thereby appears, be
construed as referring to the enactments relating to the distribution of effects of
intestates which were in force immediately before the commencement of this
Act.
59. (1) In this Part “real and personal estate” means every beneficial Interpretation of
interest, including rights of entry and reverter, of the intestate in real and “real and
personal estate”
personal estate which, otherwise than in right of a power of appointment or of
in Part VI.
the testamentary power conferred by statute to dispose of entailed interests, he 6 of 2001
could, if of full age and capacity, have disposed of by his will.
(2) The expression “common law union” as used in this Act shall 6 of 2001.
have the meaning assigned to it in section 148:04 of the Supreme Court of CAP. 91
Judicature Act.
PART VII
Supplemental
60. If any executor or administrator at any time within one year after having Fees paid in
excess repayable.
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returned his account and paid the fees and duties thereon, discovers that the
estate of the deceased person was estimated at too high a value in such return,
and that the amount of fees or duties paid by him was consequently greater
than he was liable to pay, and makes it appear to be the case to the satisfaction
40 of 1963. of the Minister, it shall be lawful for the Minister to issue his warrant on the
Treasury for the return to such executor or administrator, of any excess of
payment so shown to have been made by him.
Additional 61. If any executor or administrator has, through mistake or misapprehen-

fees and sion or otherwise without fraud, omitted out of such return any part of the
amendment personal effects or estate of the testator or intestate, such executor or ad-
of return.
ministrator may at any time within three calendar months after the discovery of
such omission amend his return, and pay the additional fees or duties due on
the estate of the deceased, without being liable to any penalty or forfeiture
under this Act.
Penalty for 62. Every person who takes possession of and in any way administers
unauthorised any part of the personal estate and effects of a deceased person without ob-
intermeddling
taining probate of the will of that deceased person, or letters of adminis-tration
with effects, etc.,
of deceased. of his estate and effects commits an offence and is liable on summary convic-
tion to a fine not exceeding two hundred and fifty dollars, in addition to such
sums as are equal to the amount of fees and duties chargeable on the estate so
taken possession of and administered by him.
General savings. 63. Nothing in this Act shall-
(a) derogate from the powers of the court which exist

independently of this Act;
(b) affect any unrepealed enactment in a public general

Act dispensing with probate or administration as
respects personal estate not including chattels real.
Application of 64. Except as otherwise expressly provided, this Act does not apply in
Act.
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any case where the death occurred before the commencement of this Act.
65. (1) This Act binds the Crown as respects the estates of persons Application to
dying after the commencement this Act, but not so as to affect the time within Crown.
which proceedings for the recovery of real or personal estate vesting in or
devolving on Her Majesty in right of Her Government of Belize may be
instituted.
(2) Nothing in this Act in any manner affects or alters the descent
or devolution of any property for the time being vested in Her Majesty in right
of Her Government of Belize.
66. All grants of administration shall be recorded in a book, and in the Administration
manner heretofore in use, and such grants, together with all the papers in any to be recorded.
wise relating thereto, shall be in all cases made up and filed together in a
convenient form, and arranged and preserved in alphabetical order by the
Registrar in his office.
67. All original wills shall also be recorded and shall have annexed to them Original will to
a copy of any probate granted thereto, together with all other papers filed in the be recorded.
matter of such probate, and shall be arranged and kept conveniently in
alphabetical order in like manner as grants of administration.
68. All original wills and other documents which are under the control of Places for
the court shall be deposited and preserved in such places as the Chief Justice deposit of
may direct, and any wills or other documents so deposited shall, subject to the original wills
and other
control of the court and the probate rules, be open to inspection. documents.
69. An official copy of the whole or any part of a will or an official Official copies of
certificate of any grant of administration may, on payment of the prescribed fee, will.
be obtained from the Registrar.
70. All estates of intestates which escheated or went as bona vacantia to Saving.
the Crown prior to the commencement of this Act but which have not been
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Ch. 158, taken into possession by the Crown under the Procedure in Escheat
C.L. 1924. Ordinance, shall be treated as residuary estates under section 54 and shall
belong to and vest in the Crown in accordance with section 54 (1) (j) and
administration may be granted under section 30 in respect thereof.
________
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FIRST SCHEDULE
PART I
[Section 39 (1)]
Rules as to Payment of Debts where the Estate is Insolvent
1. The funeral, testamentary, and administration expenses have priority.
2. Subject as aforesaid, the same rules shall prevail and be observed as to

the respective rights of secured and unsecured creditors and as to debts and
liabilities provable and as to the valuation of annuities and future and contingent
liabilities respectively, and as to the priorities of debts and liabilities as may be in
force for the time being under the law of bankruptcy with respect to the assets
of persons adjudged bankrupt.
PART II
[Section 39 (4)]
Order of Application of Assets where the Estate is Solvent
1. Property of the deceased undisposed of by will, subject to the

retention thereout of a fund sufficient to meet any pecuniary legacies.
2. Property of the deceased not specifically devised or bequeathed but

included (either by a specific or general description) in a residuary gift, subject
to the retention out of such property of a fund sufficient to meet any pecuniary
legacies, so far as not provided for as aforesaid.
3. Property of the deceased specifically appropriated or devised or

bequeathed (either by a specific or general description) for the payment of
debts.
[ No. 1 Power Lane,

]
4. Property of the deceased charged with, or devised or bequeathed

(either by a specific or general description) subject to a charge for the
payment of debts.
5. The fund, if any, retained to meet pecuniary legacies.
6. Property specifically devised or bequeathed, rateably according to

value.
7. Property appointed by will under a general power, including the

statutory power to dispose of entailed interests, rateably according to value.
8. The following provisions shall also apply-
(a) The Order of application may be varied by the will of the

deceased.
(b) This part of this Schedule does not affect the liability of land to
answer the death duty imposed thereon in exoneration of other
assets.
__________
[ No. 1 Power Lane,

]
SECOND SCHEDULE 14 of 1964.

[Section 6 (a) I]
Fees which the Registrar may charge under section 32 (6)-
For assisting with the preparation of a Petition ... ... $10.00
For assisting with the preparation of an Inventory... ... 5.00
For assisting with the preparation of an Affidavit ... 5.00
For assisting with the preparation of a notice of application

for letters of administration ... ... ... ... 1.00
_________
[ No. 1 Power Lane,

]

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BELIZE

ADMINISTRATION OF ESTATES ACT

REVISED EDITION 2003

This edition contains a consolidation of the following laws- Page

ADMINISTRATION OF ESTATES ACT 9

ADMINISTRATION OF ESTATES ACT

REVISED EDITION 2003

This edition contains a consolidation of the following laws- Page

ADMINISTRATION OF ESTATES ACT 9

Abolition of Descent to the Heir

3. Abolition of descent to heir, curtesy, dower and escheat.

Devolution of Real and Personal Estate

4. Devolution of real and personal estate on personal representative.

5. Application to real estate of law affecting chattels real.

6. Concurrence of all personal representatives necessary to conveyance

7. Interpretation of Part III.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003

[ No. 1 Power Lane,

Executors and Administrators

8. Summons of executor to prove or renounce.

9. Cesser of right of executor to prove.

10. Withdrawal of renunciation.

11. Executor of executor represents original testator.

12. Right of proving executors to exercise powers.

13. Vesting of estate of intestate between death and grant of

14. Administration bonds.

15. Discretion of courts as to persons to whom administration is to be

16. Provisions as to the number of personal representatives.

17. Power to grant representation of real and personal estate separately

18. Executor not to act while administration is in force.

19. Administration pendente lite.

20. Continuance of legal proceedings after revocation of temporary

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003

[ No. 1 Power Lane,

21. Grant of special administration where personal representative is

22. Administration with will annexed.

23. Administration during minority of executor.

24. Rights and liabilities of administrator.

25. Duty of personal representative as to inventory.

26. Rights of action by and against personal representative and effect of

27. Protection of persons acting on probate or administration.

28. Liability of person fraudulently obtaining or retaining estate of

29. Liability of estate of personal representative.

30. Administration of estate falling to the Crown.

31. Sealing in Belize of probate etc., already granted in United Kingdom

32. Special provisions for small estates.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003

[ No. 1 Power Lane,

34. Trust for sale.

36. Notice by executors and administrators for lodgement of claims.

37. Duties of executors after expiration of period for lodging claims.

38. Suspension of execution of judgments against deceased.

39. Administration of assets where estate insolvent.

40. Charges on property of deceased to be paid primarily out of the

41. Effect of assent or transfer by personal representative.

42. Obligations of personal representative as to giving possession of land

44. Validity of conveyance not affected by revocation of representation.

45. Powers of management.

46. Powers of personal representative for raising money, etc.