Act 15 2022 - Act 15 - 2022 - Probates (Re-sealing) Act 2022

[8th August 2022] Prob ates (Re-sealing) Act 398 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT PROBATES (RE-SEALING) ACT, 2022 (Act 15 of 2022) ARRANGEMENT OF SECTIONS SECTIONS 1. Short title 2. Interpretation 3. Resealing of probate or letters of administration 4. Conditions to be fulfilled before sealing 5. Effect of duplicate of probate or letters of administration 6. Rules 7. Amendment of Schedule 8. Repeal SCHEDULE 1: List of Recognized Jurisdictions SCHEDULE 2: Notice of Appointment of Executor [8th August 2022] Prob ates (Re-sealing) Act 399 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT PROBATES (RE-SEALING) ACT, 2022 (Act 15 of 2022) I assent Wavel Ramkalawan President 2nd August, 2022 AN ACT TO PROVIDE FOR THE RESEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED BY A COURT OF PROBATE IN A RECOGNISED JURISDICTION IN RESPECT OF THE ESTATE OF A DECEASED PERSON AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. ENACTED by the President and the National Assembly. Short title 1. This Act may be cited as the Probates (Re-sealing) Act, 2022. [8th August 2022] Prob ates (Re-sealing) Act 400 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Interpretation 2. In this Act, unless the context otherwise requires — “court of probate” means any court or authority, by whatever name designated, that has jurisdiction in matters of probate in a recognized jurisdiction; “Curator” means the Curator appointed under the Curatelle Act, 2021; “Minister” means the Minister responsible for legal affairs; “Mortgage and Registration Office” the Mortgage and Registration Office established under the Mortgage and Registration Act, Cap. 134 “probate or letters of administration” include confirmation in Scotland and any instrument of probate or letters of administration in a recognized jurisdiction; “recognized jurisdiction” means any of the jurisdictions specified in Schedule 1. Resealing of probate or letters of administration 3.(1) Where a court of probate in a recognized jurisdiction has, either before or after the coming into force of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy in accordance with section 5 thereof deposited with, the Curator, be sealed with the seal of the Curator. (2) Where a grant of probate or letters of administration are sealed with the seal of the Curator pursuant to subsection (1), the probate or letters of administration so sealed shall have the like force , and have the same effect and operation in Seychelles, as if it or they were an order of confirmation of a testamentary appointment of an executor by the Curator and no further appointment of executor shall be required if the estate of the deceased person comprises immovable property in Seychelles. (3) The provisions of the Curatelle Act, 2021 and the Civil Code of [8th August 2022] Prob ates (Re-sealing) Act 401 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Seychelles Act, 2020 in relation to executors shall mutatis mutandis apply to an executor or administrator of an estate whose appointment is confirmed under this Act. (4) An application under subsection (1) may be made by the executor or any interested person. (5) A person who seeks to reseal the grant of probate or letters of administration under subsection (1) shall submit to the Curator a petition supported by an affidavit accompanied by — (a) a copy of the grant of probate or letters of administration in accordance with section 5 that the petitioner seeks to reseal; (b) the death certificate of the deceased; (c) proof of the identity of the applicant; (d) affidavits, or a declaration in the affidavit in support, of alias where necessary in order to explain or reconcile any differences or discrepancies in names which appear in the supporting documents. Conditions to be fulfilled before sealing 4.(1) The Curator shall, before sealing a grant of probate or letters of administration under this Act, be satisfied that probate duty or succession duty has been paid in respect of so much, if any, of the estate as is liable to probate duty or succession duty in Seychelles. (2) For the purposes of subsection (1), the Curator may require such evidence, if any, as the Curator thinks fit as to the domicile of the deceased person. Effect of duplicate of probate or letters of administration 5.(1) For the purposes of this Act, a duplicate of any grant of probate or letters of administration sealed with the seal of the court of probate in a recognized jurisdiction, or a copy thereof certified as correct by or under the authority of the court of probate in a recognized jurisdiction, shall have the same effect as the original. [8th August 2022] Prob ates (Re-sealing) Act 402 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (2) The Curator shall as soon as possible after sealing the grant of probate or letter of administration — (a) cause an extract of the order to be registered at the Mortgage and Registration Office; and (b) cause the publication in the Gazette, of a notice of confirmation under this Act read together with section 23 (8) of the Curatelle Act in the form prescribed in Schedule 2. Rules 6. The Minister, in consultation with the Curator, may make rules for regulating the procedure and practice, including fees and costs, on and incidental to an application for sealing a grant of probate or letters of administration under this Act. Amendment of Schedule 7. The Minister, in consultation with the Curator, may by regulations amend any Schedule. Repeal 8. The Probates (Re-sealing) Act, Cap. 183, is repealed. SCHEDULE 1 (Section 2) LIST OF RECOGNIZED JURISDICTIONS 1. Anguilla 2. Antigua and Barbuda 3. Australia 4. Bahamas 5. Barbados 6. Belize 7. Bermuda 8. Botswana 9. British Antarctic Territory 10. British Columbia [8th August 2022] Prob ates (Re-sealing) Act 403 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT 11. British Sovereign Base Areas in Cyprus 12. British Virgin Islands 13. Brunei 14. Canada (including each of the Provinces thereof, except Quebec) 15. Cayman Islands 16. Christmas Islands (Australia) 17. Cocos (Keeling) Islands 18. Commonwealth of Dominica 19. England and Wales 20. Falkland Islands Dependencies 21. Fiji 22. Gambia 23. Ghana 24. Gibraltar 25. Grenada 26. Guernsey 27. Guyana 28. Hong Kong (including the Hong Kong Special Administrative Region of the People's Republic of China) 29. Isle of Man 30. India 31. Jamaica 32. Jersey 33. Kenya 34. Kiribati 35. Lesotho 36. Malawi 37. Malaysia 38. Montserrat 39. New Guinea Territory 40. New Zealand 41. Nigeria 42. Norfolk Island 43. Northern Ireland 44. Papua New Guinea 45. St. Helena 46. Republic of Cyprus 47. St. Kitts and Nevis 48. Saint Lucia 49. St. Vincent 50. Scotland [8th August 2022] Prob ates (Re-sealing) Act 404 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT 51. Sierra Leone 52. Singapore 53. Solomon Islands 54. South Africa 55. Sri Lanka 56. Swaziland 57. Tanzania 58. Trinidad and Tobago 59. Turks and Caicos Islands 60. Tuvalu 61. Uganda 62. United States of America 63. Zambia 64. Zimbabwe SCHEDULE 2 [Section 5(2)(b)] FORM 1 Notice of Appointment of Executor Notice is hereby given that on the [insert date], the Curator confirmed the grant of probate/letters of administration [insert details of the grant of probate/letters of administration] whereby [insert name] of [insert address] [insert identity number] was appointed/confirmed as executor or administrator of the estate of [insert name of the deceased and any alias] under section [insert section of ___ of the Probates (Re-sealing) Act, 2022, read with section 23(8) of the Curatelle Act] Dated this ........... day of ................., 20..... .................... Curator I certify that this is a correct copy of the Bill which was passed by the National Assembly on 12th July, 2022. Mrs. Tania Isaac Clerk to the National Assembly