The St.Kitts property nheritance laws are generally based on the common law system. Citizens or Residents in Saint Kitts and Nevis are free to make a will to determine how their estate will be distributed after their death. However, the will must be made in accordance with the legal requirements under the Wills Act to be valid.
If a person dies intestate (without a valid will), their estate is distributed according to the Intestate Succession Act. The law provides a clear order of priority for distributing assets.
Heir Priority:
- Spouse and Children: If the deceased was married and had children, the estate is generally divided between the spouse and the children. The exact division depends on whether the estate is considered personal property or real property.
- First Priority: If there is a surviving spouse but no children, the spouse will inherit the entire estate.
- Second Priority: If there are children but no spouse, the estate will be divided equally among the children.
- Third Priority: If there is neither a spouse nor children, the estate will pass to the deceased’s parents (if living).
- Fourth Priority: If there are no surviving parents, the estate may pass to siblings and other extended family members (such as nieces, nephews, aunts, uncles).
- No Relatives: If no relatives can be found, the estate may ultimately go to the state.
Debts
When an individual inherits an estate, they inherit both the assets and any debts of the deceased.
Assets Abroad
If the deceased had assets in other countries or if the heirs live abroad, international inheritance laws may apply. The laws of the country where the assets are located may need to be considered.