Title 15A, Virgin Islands Uniform Probate and Fiduciary Relations Code
0 chapters · 148 sections in this title.
15A V.I.C. § 1-101 Short Title
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This title may be cited as the Virgin Islands Uniform Probate Code and Fiduciary Relations.
15A V.I.C. § 1-102 Purposes; Rule of Construction
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(a) This title must be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this title are:(1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors a…
15A V.I.C. § 1-103 Supplementary General Principles of Law Applicable
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Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions.
15A V.I.C. § 1-104 Severability
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If any provision of this title or the application this title to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the pr…
15A V.I.C. § 1-105 Construction Against Implied Repeal
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This title is intended as a unified coverage of its subject matter and no part of it may be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
15A V.I.C. § 1-106 Effect of Fraud and Evasion
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Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator o…
15A V.I.C. § 1-107 Evidence of Death or Status
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(1) In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:(1) Death occurs when an individual is determined to be dead under the Uniform Determination of Death Act, 19 V.I.C. § 869.(2) A c…
15A V.I.C. § 1-108 Acts by Holder of General Power
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For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to mod…
15A V.I.C. § 1-109 Cost of Living Adjustment of Certain Dollar Amounts
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(a) In this section:(1) “CPI” means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI-U): U.S. City Average — All items, reported by the Bureau of Labor Statistics, Department of Labor or its successor or, if the index is discontinued, an equivalent index rep…
15A V.I.C. § 1-201 General Definitions
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(1) Subject to additional definitions contained in the subsequent articles which are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this title:(1) “Agent” includes an attorney-in-fact under a durable or nondurable power of attor…
15A V.I.C. § 1-301 Territorial Application
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Except as otherwise provided in this title, this title applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in the Virgin Islands, (2) the property of nonresidents located in the Virgin Islands or property coming into the co…
15A V.I.C. § 1-302 Subject Matter Jurisdiction
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(a) To the full extent permitted by the Constitution and except as otherwise provided by law, the court has jurisdiction over all subject matter relating to:(1) Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estat…
15A V.I.C. § 1-303 Venue; Multiple Proceedings; Transfer
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(a) Where a proceeding under this Code could be maintained in more than one place in the Territory, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, ward, or trust are commenc…
15A V.I.C. § 1-304 Practice in Court
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Unless specifically provided to the contrary in this Code or unless inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this Code.
15A V.I.C. § 1-305 Records and Certified Copies
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The Clerk of Court shall keep a record for each decedent, ward, protected person or trust involved in any document that may be filed with the court under this title, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or resp…
15A V.I.C. § 1-306 Jury Trial
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(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. (b) If there is no right to trial by jury under subsec…
15A V.I.C. § 1-307 Registrar; Powers
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The acts and orders that this Code specifies as performable by the Registrar may be performed either by a judge or magistrate judge of the Court or by a person, including the clerk, designated by the Court by a written order filed and recorded in the office of the Court.
15A V.I.C. § 1-308 Appeals
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Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to the appeals to…
15A V.I.C. § 1-310 Oath or Affirmation on Filed Documents
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Except as otherwise specifically provided in this Code or by rule, every document filed with the Court under this Code including applications, petitions, and demands for notice, is deemed to include an oath, affirmation, or statement to the effect that its representations are tru…
15A V.I.C. § 1-401 Notice; Method and Time of Giving
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(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by …
15A V.I.C. § 1-402 Notice; Waiver
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A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive not…
15A V.I.C. § 1-403 Pleadings; When Parties Bound by Others; Notice
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(1) In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following rules apply:(1) Interests to be affected must be described in pleadings that give reasonable informatio…
15A V.I.C. § 3-9A -101. Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46
15A V.I.C. § 5-101 Short title
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Parts 1-4 of this article may be cited as The Virgin Islands Uniform Guardianship and Protective Proceedings Act.
15A V.I.C. § 5-102 Definitions
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(1) In Parts 1-4 of this article:(1) “Conservator” means a person who is appointed by a court to manage the estate of a protected person. The term includes a limited conservator.(2) “Court” means the Family Division of the Superior Court of the Virgin Islands.(3) “Guardian” means…
15A V.I.C. § 5-104 Facility of transfer
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(a) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding $5,…
15A V.I.C. § 5-105 Delegation of power by parent or guardian
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A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding six months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.
15A V.I.C. § 5-106 Subject-matter jurisdiction
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Parts 1-4A of this Article apply to, and the Court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in the Virgin Islands, protective proceedings for individuals domiciled in or having property located in the Virgin Islands, and pro…
15A V.I.C. § 5-107 Transfer of jurisdiction
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(a) After the appointment of a guardian or conservator entry of another protective order for a minor, the Court making the appointment or entering the order may transfer the proceeding to a court in another judicial division in the Virgin Islands or to another State if the Court …
15A V.I.C. § 5-108 Venue
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(a) Venue for a guardianship proceeding for a minor is in the judicial division of the Virgin Islands in which the minor resides or is present at the time the proceeding is commenced. (b) Venue for a guardianship proceeding for an incapacitated person is in the judicial division …
15A V.I.C. § 5-110 Letters of Office
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Upon the guardian’s filing of an acceptance of office, the Court shall issue appropriate letters of guardianship. Upon the conservator’s filing of an acceptance of office and any required bond, the Court shall issue appropriate letters of conservatorship. Letters of guardianship …
15A V.I.C. § 5-111 Effect of acceptance of appointment
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By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the Court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or deliver notice of any proceeding to the guardian or conservator at the guardian’…
15A V.I.C. § 5-112 Termination of, or change in guardian’s or conservator’s appointment
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(a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the Court. A par…
15A V.I.C. § 5-113 Notice
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(a) Except as otherwise ordered by the Court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements otherwise provided, the petitioner shall give notice of the time and place of the hearing to the person to be notifie…
15A V.I.C. § 5-114 Waiver of notice
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A person may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding. However, a respondent, ward, or protected person may not waive notice.
15A V.I.C. § 5-115 Guardian ad litem
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At any stage of a proceeding, the Court may appoint a guardian ad litem if the Court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or …
15A V.I.C. § 5-116 Request for notice; interested persons
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An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a proceeding after the appointment of a guardian, or in a protective proceeding, may file a request for notice with the clerk of the c…
15A V.I.C. § 5-117 Multiple appointments or nominations
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If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls.
15A V.I.C. § 5-201 Appointment and status of guardian
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A person becomes a guardian of a minor by parental appointment or upon appointment by the Court. The guardianship continues until terminated, without regard to the location of the guardian or minor ward.
15A V.I.C. § 5-202 Parental appointment of guardian
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(a) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. The appointment may specify the desired limitations on the powers to be given to the guardian. The appointing parent may revoke or amend the a…
15A V.I.C. § 5-203 Objection by minor or others to parental appointment
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Until the Court has confirmed an appointee under section 5-202, a minor who is the subject of an appointment by a parent and who has attained 14 years of age, the other parent, or a person other than a parent or guardian having care or custody of the minor may prevent or terminat…
15A V.I.C. § 5-204 Judicial appointment of guardian; conditions for appointment
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(a) A minor or a person interested in the welfare of a minor may petition for appointment of a guardian. (b) The Court may appoint a guardian for a minor if the Court finds the appointment is in the minor’s best interest, and:(i) the parents’ consent;(ii) all parental rights have…
15A V.I.C. § 5-205 Judicial appointment of guardian; procedure
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(a) After a petition for appointment of a guardian is filed, the Court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:(1) the minor, if the minor has attained 14 years of age and is not…
15A V.I.C. § 5-206 Judicial appointment of guardian; priority of minor’s nominee; limited guardianship
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(a) The Court shall appoint as guardian a person whose appointment will be in the best interest of the minor. The Court shall appoint a person nominated by the minor, if the minor has attained 14 years of age, unless the Court finds the appointment will be contrary to the best in…
15A V.I.C. § 5-207 Duties of guardian
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(a) Except as otherwise limited by the Court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward’s support, care, education, health, and welfare. A guardian shall act at all times in the ward’s best interest and exercise reasonable care,…
15A V.I.C. § 5-208 Powers of guardian
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(a) Except as otherwise limited by the Court, a guardian of a minor ward has the powers of a parent regarding the ward’s support, care, education, health, and welfare. (b) A guardian may:(1) apply for and receive money for the support of the ward otherwise payable to the ward’s p…
15A V.I.C. § 5-209 Rights and immunities of guardian
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(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing provided by the guardian to the ward, but only as approved by the Court. If a conservator, other than the guardian or a person who is affiliated with …
15A V.I.C. § 5-210 Termination of guardianship; other proceedings after appointment
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(a) A guardianship of a minor terminates upon the minor’s death, adoption, emancipation or attainment of majority or as ordered by the Court. (b) A ward or a person interested in the welfare of a ward may petition for any order that is in the best interest of the ward. The petiti…
15A V.I.C. § 5-301 Appointment and status of guardian
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A person becomes a guardian of an incapacitated person by a parental or spousal appointment or upon appointment by the Court. The guardianship continues until terminated, without regard to the location of the guardian or ward.
15A V.I.C. § 5-302 Appointment of guardian by will or other writing
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(a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the C…