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Consular Conventions (Administration of Estates) Act

LAWS OF FIJI

CHAPTER 63

CONSULAR CONVENTIONS (ADMINISTRATION OF ESTATES)

Acts No. 15 of 1972, 14 of 1975

AN ACT TO MAKE PROVISION FOR THE ADMINISTRATION OF
ESTATES BY AND CONFERRING CERTAIN POWERS ON CONSULAR
OFFICERS

[8th December, 1972]

Short title

1. This Act may be cited as the Consular Conventions (Administration of Estates) Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"consular officer" means any person whose name as a consular officer has been notified to, and who has been recognised as such by, the Minister.

Powers of consular officers in relation to property in Fiji of deceased persons

3.-(1) Notwithstanding the provisions of the Public Trustee Act, where any person who is a national of any foreign state to which this Act applies is named as executor in the will of a deceased person disposing of property in Fiji or is otherwise a person to whom a grant of representation to the estate in Fiji of a deceased person may be made, then if the court is satisfied, on the application of a consular officer of the said foreign state, that the said national is not resident in Fiji, and if no application for a grant of such representation is made by a person duly authorized by power of attorney to act for him in that behalf, the court shall make to that officer any such grant of representation to the estate of the deceased as would be made to him if he were so authorized as aforesaid.
(Cap. 64)

(2) Where any person who is a national of any foreign state to which this Act applies-

(a) is entitled to any money or other property in Fiji forming part of the estate of a deceased person or to receive payment in Fiji of any money becoming due on the death of a deceased person; or

(b) is among the persons to whom any money or other property of a deceased person may under any Act whether passed before or after the commencement of this Act be paid or delivered without grant of probate or other proof of title,

then if the said national is not resident in Fiji a consular officer of that state shall have the like right and power to receive and give a valid discharge for any such money or property as if he were duly authorized by power of attorney to act for him in-that behalf:

Provided that no person shall be authorized or required by this subsection to pay or deliver any money or property to a consular officer if it is within his knowledge that any other person in Fiji has been expressly authorized to receive that money or property on behalf of the said national.

(3) No surety shall be required to an administration bond given by a consular officer upon the grant of administration by virtue of this section.

Supplementary provision as to section 2

4. Notwithstanding any rule of law conferring immunity or privilege in respect of the official acts and documents of consular officers, a consular officer shall not be entitled to any immunity or privilege in respect of any act done by virtue of powers conferred upon him by or under the provisions of section 3 or in respect of any document for the time being in his possession relating thereto.

Application

5.-(1) The provisions of this Act shall apply to nationals of the states specified in the Schedule.

(2) The Minister may by order add to or delete from the said Schedule the name of any state.

SCHEDULE
(Section 5)

The Kingdom of Belgium
The People's Republic of Bulgaria
The Kingdom of Denmark
The Republic of Finland
The French Republic
The Federal Republic of Germany
The Kingdom of Greece
The Italian Republic
Japan
The Kingdom of Norway
The Union of Soviet Socialist Republics
The Spanish State
The Kingdom of Sweden
The United States of America
The Socialist Federal Republic of Yugoslavia
(Amended by 14 of 1975, s. 75)

Controlled by Office of the Prime Minister

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