The Ministry of Justice supervises the administration of the policies relating to the waiving of crown rights in respect of estate matters by liaising with the Administrator General and the Director of State Proceedings regarding all estate matters received in the system. Where a person dies intestate (without making a will), and leaving no lawful heirs, his/her estate would normally fall to the Crown ‘bona vacantia’.
However, if it can be proven that there is any other living person(s) with a legitimate claim to the deceased’s estate, then failure of heirs may be presumed and the rights of the crown waived in favour of the petitioner(s). This decision is made by the Attorney General in accordance with the Intestates’ Estates and Property Charges Act.
The applicant/petitioner is required to:-
Submit a petition to the Administrator General for a waiver of crown rights.
The following documents should be submitted in support of this petition:-
Statutory Declaration (may be obtained at the Administrator General’s Department, 12 Ocean Blvd. Kingston Mall)
Letters of Administration (Contact the Administrator General’s Department)
Marriage Certificate (if applicable)
The Ministry of Justice will refer the matter to the Attorney General for an opinion and determination. The advice of the Attorney General will be conveyed to the Administrator General’s Department. If the Attorney General rules in favour of the petitioner, then the documents are sent back to the Administrator General’s Department in order that the respective instruments may be prepared for the Governor General’s Seal and signature. The Administrator General will notify the petitioner of the outcome of the request.