New Legislation: The Probate And Administration Of Estates Act

The Probate and Administration of Estates Act (the "Act") was assented to on 8 February, 2011 and came into effect on 1 June, 2011. The purpose of the new legislation is to consolidate into one statute the laws relating to obtaining grants of representation and the administration of estates in The Bahamas.

The old law with respect to probate matters was derived from various sources namely:

• Part V of the Supreme Court Act (Ch. 53 of the Statute Law of the Bahamas, 2009 Revised Edition) where the substantive provisions on probate causes and matters were found;
• Part II of the Supreme Court Act which contained the Probate Rules governing non-contentious probate business;
• Order 68 of the Supreme Court Rules which contained the provisions governing contentious probate proceedings;