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ADMINISTRATOR-GENERAL’S ACT, 1873
[26th August, 1873]
Short title:-
1. This Act may be cited as the Administrator-General’s Act.
Interpretation:-
2. In this Act-
“Estate” includes the estate of every deceased person which has vested in the Administrator-General, or which he is entitled to have vested in him as administrator or executor under this Act;
“Prescribed” means prescribed by rules of court;
“Trust” includes every guardianship, committee-ship, or receivership, vested in the Administrator-General under this Act, and all property vested in the Administrator-General as trustee under this Act, and all property administered by him under this Act.
Appointment of Officers
Administration-General:-
3. The Governor-General may appoint a fit and proper person to be Administrator-General for Jamaica.
Restrictions on Administrator-General:-
4. The Administrator-General shall not directly or indirectly practice in any profession, or carry on any trade or business or hold any office or place of profit in any corporation or joint stock company; but this shall not apply to a person appointed to act temporarily as Administrator General. This section shall not prevent the appointment of the Administrator-General to any other office in the public service, nor the appointment as Administrator-General of a person holding another such office, which the Minister may think that the Administrator-General can properly hold together with the office of Administrator-General.
Deputy Administrator-General:-
5. The Governor-General may appoint a fit and proper person to be Deputy Administrator-General.
Functions, powers and duties of Deputy Administrator-General:-
6. The Deputy Administrator-General shall have and exercise such functions, powers and duties pertaining to the office of Administrator-General as the Minister may from time to time direct, and as the Administrator-General may on any particular occasion or for any particular purpose direct.
As to office:-
7. The office of the Administrator-General shall be in such place in Kingston as the Minister may approve, and the Administrator-General shall attend at such office, and such office shall be open during such times as shall be prescribed.
Administrator-General an office of the Supreme Court:-
8. The Administrator-General shall be deemed to be an officer of, and an accounting party to the Supreme Court.
Duties as to keeping accounts:-
9. The Administrator-General shall keep a full, complete, and accurate account of all transactions with respect to all estates and trusts vested in or administered by him; and shall keep all such books as may be necessary for that purpose. Such books shall be kept at the office of the Administrator-General, and shall be open for the inspection of all persons, on payment of the fees mentioned in the Schedule. All persons who shall apply for copies or extracts from any of the books shall be entitled to have the same on payment of the fees mentioned in the Schedule. Rules of court may from time to time be made prescribing in what manner the accounts, books, and documents of the Administrator-General shall be kept, and generally how the office shall be regulated, and at what times, and in what manner, and subject to what, if any, conditions searches in the books of the Administrator-General may be made, and copies or extracts from the same obtained.
Special statements:-
10. The Administrator-General shall, whenever called upon by the Supreme Court so to do, furnish complete and accurate statements and accounts, either with respect to any particular estate or trusts vested in or administered by him under this Act, or with respect to the whole business of the Administrator-General under this Act; and it shall be lawful for the Supreme Court at any time, to have the books of the Administrator-General examined, without the payment of any fee, by any person named by the Minister for that purpose.
Keeping of funds:-
11. (1) All sums of money from time to time received by the Administrator-General in that capacity shall forthwith or within such time as may be prescribed-
(a) be paid by him into a commercial bank or a specified financial institution to the credit of an account to be entitled “Administrator-General’s Account”; or
(b) be invested by him in securities issued by the Government of Jamaica.
(2) Interest shall be allowed on such money in the same way as interest is allowed on deposits by executors, administrators and trustees under the Trustees, Attorneys and Executors (Accounts and General) Act, except that there shall be no limit of amount.
(3) The Administrator-General may, for the purposes of the due administration of any estate or trust-
(a) withdraw from the commercial bank or a specified financial institution referred to in subsection (1) any money standing to the credit of the Administrator-General’s Account; or
(b) sell any securities purchased pursuant to subsection (1) (b),
And until any money so withdrawn or derived from the sale of any securities, as the case may be, is applied to such purposes as aforesaid the Administrator-General shall, subject to any order of a court of competent jurisdiction, deal with such money in accordance with such general or special directions as may be given by the Minister:
Provided always that the Administrator-General shall never expend the money of one trust or estate for the purposes of another trust or estate.
Administration
When Administration-General entitled to administration:-
12. The Administrator-General shall be entitled to, and it shall be his duty to apply for, letters of administration to the estates of all persons who shall die intestate without leaving a widower, widow, brother, sister, or any lineal ancestor or descendant, or leaving any such relative if no such relative shall take out letters of administration within three months, or within such longer or shorter time as the Court to which application for administration is made, or the Judge thereof may direct; and also to the estates of all persons who shall die leaving a will but leaving no executor, or no executor who will act, if no such relative as aforesaid of such deceased shall, within the time aforesaid, take out letters of administration to his estate. The Administrator-General shall be entitled to such letters of administration in all cases in which, if this Act had not been passed, letters of administration to the estates of such persons might have been granted to any administrator:
Provided that this section shall not apply to the estates of deceased persons for the administration of whose estates provision is made by law, nor to estates where the total value of the personal property does not exceed five thousand dollars, but it shall be lawful to appoint the Administrator-General, with his consent, administrator of any estate, notwithstanding that the total value of the personal property does not exceed five thousand dollars.
Time for application:-
13. In cases falling within the preceding section, it shall be lawful for the Administrator-General to apply for letter of administration to any deceased person’s estate within three months after the death of such person, if it appears likely that no other person will take out letters of administration to such estate, and that injury to the estate is likely to result from delay in obtaining administration to the estate. On any such application the Court may give such decision as it thinks fit.
Administration where no minor beneficiaries:-
13A. (1) Where it appears to the Administrator-General that-
(a) there is no minor among the persons having an interest in the estate of a deceased; and
(b) although there are adult beneficiaries equally entitled to obtain letters of administration, there is disagreement as to which of them should apply for such grant,
The Administrator-General may, by notice in writing to such beneficiaries, inform them of their right to apply to the Court for an order naming any of them or a third party, as the case may require, as the persons who should apply for letters of administration.
(2) The Count may, on application by any of the beneficiaries, grant an order referred to in subsection (1).
Costs on revocation of administration:-
14. If any letters of administration, granted to the Administrator-General are revoked, he shall not be adjudged to pay any of the cost of such revocation, unless the Court shall be satisfied that he acted improperly in obtaining such administration, or in opposing the revocation thereof.
Administration proceedings by him, same as in other cases:-
15. Letters of administration to the Administrator-General shall, subject to this Act, be granted on the like occasions, to the same extent, on the payment of the same fees and duties, and in the same way, as letters of administration would have been granted if this Act had not been passed, and all proceedings to obtain or to oppose such administration, or otherwise in any way relating to such administration, shall, subject only to the provisions of this Act, be the same of if this Act had not been passed.
Vesting of property:-
16. On the grant of letters of administration to the Administrator-General, the property of the deceased shall vest in the Administrator-General, and be assets in his hands for the payment of the debts and liabilities of the deceased, in the same way, and to the same extent in all respects, as such property would have vested in and been assets in the hands of any other administrator, if this Act had not been passed, and the Administrator-General shall discharge the debts and liabilities of the deceased, and shall distribute the surplus, in the same way, and in the same order of priority, and the same extent, that any other administrator would have been bound to discharge such debts and liabilities, and to distribute such surplus, if this Act had not been passed.
Appointing Administrator-General executor of will:-
17. It shall be lawful for any testator to appoint the Administrator-General the sole executor of his will. The Administrator-General shall not act as co-executor with any other persons, and if any testator shall appoint any person as co-executor with the Administrator-General, the appointment of such person shall be void, and the Administrator-General shall be the sole executor:
Provided, that it shall be lawful for any testator to appoint the Administrator-General the sole executor in substitution for any other executor in the event of such executor dying, or neglecting, refusing, or becoming incapable to act as such executor.
No administration bond or oath of office required from him:-
18. It shall not be necessary for the Administrator-General, on taking out letters of administration, or on proving any will, to file any declaration of the value of the property, or to give any administration bond, or will bond, or to take any oath to bring into the Registry of the Supreme Count an inventory of the estate of the deceased, or to take any oath duly to administer such estate.
Duty to return inventories and administer estate vested in him:-
19. It shall be the duty of the Administrator-General to make, as soon as possible after obtaining letters of administration or letters testamentary to any estate, a true and perfect inventory of all the personal property of the deceased person, with an appraisement thereof, and to return the same so made into the Registry of the Supreme Court; and it shall also be the duty of the Administrator-General well and truly to administer the estates of deceased persons vested in him.
Letters of administration, etc., granted to him by Supreme Court:-
20. Letters of administration and letters testamentary shall be granted by the Supreme Court to the Administrator-General, according to the practice of the Supreme Court, and shall be granted by the Resident Magistrates’ Courts in the same way, as nearly as may be, as such letters of administration and letters testamentary would be granted to any other executor or administrator. Such letter of administration and letters testamentary shall bear the stamp to which they would have been liable if granted to a private person.
Rights, duties, powers and liabilities of Administrator-General:-
21. Subject to this Act, the right, duties, powers, and liabilities of the Administrator-General, in applying for and obtaining letters of administration or letters testamentary, and in acting as administrator or executor, shall be the same in all respects as under similar circumstances the rights, duties, powers, and liabilities of private persons applying for and obtaining letters of administration or letters testamentary, or acting as administrators or executors would have been if this Act had not been passed.
Duty of Collectors to report deaths:-
22. It shall be the duty of the Collector of Taxes in each parish to ascertain to the best of his ability, and to report to the Administrator-General, the names of all persons who shall die in the parish under such circumstances as to entitle the Administrator-General to the administration of their estates.
Jurisdiction of Court before or pending proceedings for administration:-
23. Whenever it appears to the Supreme Court that there is good ground to believe that the Administrator-General is, or is likely to become, entitled to the administration of any estate, and that the property of such estate is likely to be damaged or diminished for want of a proper person to take charge thereof, before letters of administration or letters testamentary can be taken out, or while it is doubtful who will apply for and obtain letters of administration or letters testamentary, it shall be lawful for the Supreme Court to authorize the Administrator-General to take possession of such property for such time, in such manner, and subject to such conditions, if any, as the Court may direct. The Administrator-General shall hold and deal with such property as may be directed by the Court from time to time until letters of administration or letters testamentary have been granted. The Administrator-General shall not be entitled to any commission in respect of such property unless he ultimately obtains the administration thereof, but he shall be entitled to be repaid out of such property all costs and expenses to which he may be put in respect thereof, and for applying to the Court if the Court thinks fit.
Exercise of certain powers prior to grant of administration:-
23A. (1) This section applies to money or securities for money, including money in bank accounts, insurance policies, moneys owning to an estate or rental income (hereinafter called “the relevant assets”) in the estate of any deceased person.
(2) Where it is the duty of the Administrator-General to apply for letters of administration in relation to any estate he may exercise any of the powers specified in subsection (3) prior to the grant of letters of administration in relation to such estate.
(3) The powers exercised by the Administrator-General under this section shall be-
(a) to collect the relevant assets, obtain advances therefrom and otherwise deal with the relevant assets; and
(b) to make payments out of the relevant assets-
(i) to meet the costs and expenses connected with obtaining the grant of letters of administration;
(ii) for the advancement or benefit of any beneficiary.
Vesting of property by order of Court:-
23B. Where-
(a) the Administrator-General has obtained letters of administration in relation to an estate; and
(b) property is to be distributed among the beneficiaries of that estate and
(c) the Administrator-General is unable to obtain the signatures of those beneficiaries or any of them in order of effect such distribution,
The Administrator-General may apply to the Court for an order directing that the property be vested in the beneficiaries.
Trusts
Power to appoint him a trustee or guardian:-
24. It shall be lawful for the Supreme Court, and for any person or corporation, to appoint the Administrator-General trustee of any real or personal property, or, subject to sections 27 and 28, to appoint him guardian of any infant, on the like occasions, in the same way, and to the same extent, that any other person might be appointed such trustee or guardian.
Or committee of a lunatic:-
25. The Administrator-General may be appointed but it shall not be compulsory to appoint him committee of the estate of any idiot or lunatic, or committee of the estate and person of any idiot or lunatic, but he shall not be appointed committee of the person only of an idiot or lunatic, except with his own consent.
Prohibition against acting with others:-
26. The Administrator-General shall not act as co-trustee, co-guardian, or co-committee, with any one, except on the appointment of the Supreme Court. If any one (except as aforesaid) shall appoint any person to act with the Administrator-General as co-trustee, co-guardian, or co-committee, the appointment of such person shall be void, and the Administrator-General shall be the sole trustee, guardian, or committee:
Provided, that it shall be lawful for any person to appoint the Administrator-General the sole trustee, guardian, or committee, in substitution for any other trustee, guardian, or committee in the event of such other trustee, guardian, or committee dying, or neglecting, refusing, or becoming incapable to act.
When not bound to act as guardian or committee:-
27. The Administrator-General shall not (except with his own consent) act as guardian of any infant, or as committee of any idiot or lunatic, unless such infant, idiot, or lunatic has property to the amount of one thousand dollars, and all the property of such infant, idiot or lunatic is vested in the Administrator-General as trustee for such infant, idiot, or lunatic, or the Administrator-General is invested with the entire administration of such property.
Not to be appointed guardian or committee ad litem, etc.:-
28. The Administrator-General shall not (except with his own consent) be appointed guardian or committee ad litem, or for any other similar temporary purpose of an infant, idiot, or lunatic.
To be appointed receiver:-
29. No person, except the Administrator-General shall be appointed receiver in any suit in the Supreme Court, unless it be proved to the satisfaction of the Court that it would be more beneficial to the estate that some other person should be appointed receiver.
Rights, duties, powers and liabilities as trustee, guardian, committee or receiver:-
30. Subject to this Act, the rights, duties, powers, and liabilities of the Administrator-General, acting as trustee, guardian, committee, or receiver, shall be the same in all respect as the rights, duties, powers, and liabilities of any other trustee, guardian, committee, or receiver.
Consent of Administration-General in optional cases:-
31. In any case in which the consent of the Administrator-General is required, before he is bound to accept a trust or to act under this Act, the giving or withholding such consent shall be absolutely in the discretion of the Administrator-General. In all such cases it shall be lawful for the Administrator-General, with the sanction of the Supreme Court, to agree with any person as to the remuneration (if any) which the Administrator-General is to receive for accepting and acting in the matter for which his consent is required. Any such agreement made without such sanction shall be void.
Duties in all other cases:-
32. In all cases in which the consent of the Administrator-General is not required it shall be the duty of the Administrator-General except as hereinafter mentioned, to accept and forthwith to enter upon the duties of the administration of any estate or trust to which he may be appointed or entitled under this Act.
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