Bermuda's legal definition of adulthood has been reduced by three years after the recent passing of the Age of Majority Act ('the Act').

The Act came into force on November 1, 2001, and reduces from 21 to 18 the 'age of majority' where a person acquires the rights and responsibilities associated with being an adult.

Adulthood in the eyes of the law means, for example, that a person is entitled to make a will, enter into a contract, sell property or marry without parental consent. It also means that a person can be charged with an offence as an adult if they violate the law.

Subject to a few exceptions, the Act means that any reference to '21 years' is now read as being '18 years' in any Act of the Legislature or any Regulation, Rule, Order or Bylaw made under an Act of the Legislature. Some 42 Public Acts Regulations and Rules in Bermuda are directly affected.

The Act also provides that any reference to 21 years be read as 18 years in any United Kingdom Act of Parliament which applies in Bermuda.

Further, the age of majority is automatically reduced from 21 to 18 years in any direction or order of a Court made before 1 November 2001 (unless such order or direction specifically indicates a contrary intention).

The Act extends to the meaning of the expressions 'adult', 'full age', 'lawful age', 'infant', 'infancy', 'minor', 'minority' and 'majority' in any Act, statutory instrument, deed, will or other instrument made on or after 1 November 2001.

This Act brings Bermuda in line with the United Kingdom, as well as the United Nations' Convention on the Rights of the Child which defines a 'child' as a person under 18 years of age.

Most provinces in Canada, states in the United States and indeed most parts of the world have made 18 the age of majority. In other parts of the world the age is usually between 19 to 21 years.

The age of majority is not to be confused with the age when a person acquires rights to drive a car, to drink alcohol, to vote, or to serve in the military. As it happens, however, the age at which those things may be done in Bermuda is also 18 years.

Some examples of the legislation are set out below.

In The Minors Act 1950, the definition of minor is amended to read a person under 18 years of age. This legislation governs, among other things, the guardianship of minors, the sale of property belonging to minors and minors' ability to enter into binding contracts.

The Administration of Estates Act 1974 provides that where an 'infant' is a sole executor of a will, administration of the will shall be granted to his guardian until the infant reaches 18 years.

The Bermuda Immigration and Protection Act 1956 provides that the spouse and dependent children under 18 years of age, of a person who possesses Bermudian status shall be allowed to remain and reside in Bermuda with the person who possesses Bermudian status.

The Criminal Code Act 1907 provides that in certain sexual offences, it shall be a defence to any person over 18 years if he or she proves that they had reasonable cause to believe and did in fact believe that the person with whom they had sexual relations was of or above 16 years of age.

In the Education Act 1996, for the purposes of education, the definition of child includes a person between 16 and 19 years and adult education now means education suitable for a person who has attained the age of 19 years.

Under the Wills Act 1988, a person can write a valid will at age 18. However, the Age of Majority Act will not apply to a will or codicil executed before 1 November 2001, even if the document is confirmed by a codicil executed on or after that date.

Those provisions where 21 years is retained include the Hospital Insurance Act 1970 in which the subsidy for hospital treatment extends to a person under 21 if he is a full-time student. Also included is the Matrimonial Proceedings (Magistrates' Courts) Act 1974 where the definition of dependent includes a person under 21 if their earning capacity is impaired by disability or they are undergoing educational training. In addition, a matrimonial order may provide for maintenance for dependent children under 21 years.

The Age of Majority Act does not affect a person's right of action or a defence to an action based upon the age of a party where the action was in existence on 1 November 2001. In this case, the law that was in existence prior to that date applies.

Attorney Vanessa Lovell is a member of the Trusts and Financial Structures Team of Appleby Spurling & Kempe. This column was prepared with the assistance of Joelina Redden-Soares, a pupil in the Company Department of Appleby Spurling & Kempe. Copies of Ms. Lovell's columns can be obtained on the Appleby Spurling & Kempe website at www.ask.bm.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.