On 1 February 2018, the Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules, 2018 and the Eastern Caribbean Supreme Court (Court Proceedings Fees) Rules, 2018 came into force in Montserrat.
Both Rules are issued by the Eastern Caribbean Supreme Court under section 17 of the Supreme Court Order 1967 (S.I. 1967 No. 223).
The Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules, 2018 sets out harmonized rules to guide in the administration of estates and securing grants of probate in Montserrat. A number of forms have been provided as a Schedule to the Rules, to facilitate the application of the Rules.
The Eastern Caribbean Supreme Court (Court Proceedings Fees) Rules, 2018 consolidate the fees payable in respect of Court proceedings in a central piece of legislation. The Rules also create fees for a number of matters related to Court proceedings for which no fees were previously set by legislation, including fees payable in the Court of Appeal in respect of civil and criminal proceedings.
As a result of the Eastern Caribbean Supreme Court (Court Proceedings Fees) Rules, 2018, the following Orders are repeal:
- High Court (Civil Proceedings) (Fees) Order 2013 (S.R.O. 9 of 2013);
- High Court (Adoption Proceedings) (Fees) Order 2013 (S.R.O. 8 of 2013);
- High Court (Probate Proceedings) (Fees) Order 2013 (S.R.O. 10 of 2013);
- Matrimonial Proceedings (Fees) Order 2014 (S.R.O. 85 of 2014); and
- High Court (Fees in Bankruptcy Proceedings) Order (Cap. 3.01).