COMMISSIONERS OF PROBATES ACT, 2023
OBJECTS AND REASONS
This Bill would repeal and replace the Commissioners of Probates Act, Cap. 120 and make provision for the appointment of Commissioners of Probates and matters related thereto.
FIRST SCHEDULE
Certificate
SECOND SCHEDULE
Fees
BARBADOS
A Bill entitled
An Act to repeal and replace the Commissioners of Probates Act, Cap. 120 and to provide for the appointment of Commissioners of Probates and matters related thereto.
ENACTED by the Parliament of Barbados as follows:
Short title 1.
This Act may be cited as the Commissioners of Probates Act, 2023.
Interpretation
2. In this Act, “Commissioner” means a Commissioner of Probate
appointed under section 3.
Appointment and functions of Commissioners
3.(1)
The President may by instrument appoint any number of
Commissioners of Probates, not exceeding 7.
(2) The Commissioners of Probates shall be responsible for taking the
acknowledgement and the probate of deeds in the form set out in the First Schedule.
Fees of Commissioners
- The fees in the Second Schedule shall be payable to all Commissioners
upon taking the acknowledgment and the probate of deeds.
Amendment of Schedule
- The Minister may by order amend the Schedules to this Act.
Appointment of Acting Commissioners
6.(1)
The President may grant leave to a Commissioner and may give
approval for the duties of a Commissioner to be performed by another person during the period of leave.
(2) An acting Commissioner shall be invested with, and exercise and perform
the same powers and authorities, rights and duties, as a Commissioner, and shall be entitled to the same fees.
Commissioners not entitled to pension
- The Pensions Act, Cap. 25 does not apply to the office of
Commissioner.
Repeal of Cap. 120
- The Commissioners of Probates Act, Cap. 120 is hereby repealed.
FIRST SCHEDULE CERTIFICATE
(Section 3(2))
CERTIFICATE
Appear before me this day , the subscribed witness to the execution of the foregoing deed and made oath and say that he/she was present and saw the within named
, the executing party to the foregoing duly sign, seal and deliver the same as for his/her free and voluntary act and deed.
Given under my hand, this day of 20 .
Commissioner of Probates
SECOND SCHEDULE
(Section 4)
FEES
For proving
- a deed other than a power of attorney
- if the value of the property is under $500,000……………….……$25.00
- if the value of the property is $500,000 or more…………………….$50.00
(b) a power of attorney…………………………………………….……….$25.00
For the purposes of this Schedule, the proving of a deed or power of attorney includes the writing of the affidavit or certificate of proof.
Read three times and passed the House of Assembly this day of , 2023.
Speaker
Read three times and passed the Senate this day of
, 2023.
President
S.I. 2023 No. 62
Commissions of Inquiry Act CAP. 112
COMMISSIONS OF INQUIRY (CONSTITUTIONAL REFORM COMMISSION WARRANT OF APPOINTMENT) (VARIATION) ORDER, 2023
The President, in exercise of the powers conferred on her by section 8(1) of the Commissions of Inquiry Act, makes the following Order:
- This Order may be cited as the Commissions of Inquiry (Constitutional
Reform Commission Warrant of Appointment) (Variation) Order, 2023.
2. The Constitutional Reform Commission Warrant of Appointment
issued on the 20th day of June, 2022 is varied by deleting paragraph (e) of the first direction beginning with the words “AND I DO DIRECT that you” and substituting the following:
“(e) present the written report within 22 months from the date of appointment of the Commission.”.
Made by the President this 18th day of September, 2023.
S. MASON President
