The Importance of Bahamas Probate Law

In The Bahamas Probate Law is very important because gives guidance as to how estate a deceased person is transferred to his or her beneficiary(s). This can be a very difficult area of law to deal with especially if the deceased person dies without leaving a valid Will.

In Bahamas whenever someone dies, the ownership of the deceased persons’ property must be passed on to his beneficiary(s). If he dies after making a valid Will, the estate will be administered by two or more executors. This is called the ‘Administration of the Estate”.

The Role of the Executors

The executor’s role is to administer the estate to ensure that the wishes of the deceased person are carried out.

Dying with a Will

Whenever the deceased person dies after making a valid Will this is known as “dying testate’.

Dying without a Will

Whenever the deceased person dies without the making of a Will this is known as “dying intestate”

The sensible thing to do is to make a Will and this will lessen the confusion when it comes to the distribution of your assets because these assets will go to the person or persons that you want them to go to. However, if you should die without making a Will your property will be distributed by the direction of the court.

We will be writing more on this subject matter. For your knowledge we have linked to a copy of The Bahamas Law which establishes the rules of Probate. You may access it here

http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1917/1917-0327/ProbateRules_1.pdf. As usual if you require more information please feel free to email us at info@tevanslaw.com , visit our website http://www.tevanslaw/ or call us at 242-328-8510

Grounds for a Divorce in The Bahamas

Grounds for Divorce

Divorce is a painful experience that affects the entire immediate family of the spouses as well as that of the extended families. Divorce can be civil as well as very brutal it depends upon the situation. Irregardless of the reason why a particular spouse may require a divorce from the other, that reason must aligned itself with the grounds for divorce in accordance with  the Matrimonial Causes Act, Section 16. The grounds are:

• Adultery
• Desertion from the other spouse for a period of no less that two years at the time of the Petition
• Living apart from spouse for a period of at least five years at the time of the Petition
• Spouse has engaged in sodomy or a homosexual act or had sexual relations (intercourse) with an animal since the celebration of the marriage or
• the wife may file for a divorce if her husband has been found guilty of  Rape since the celebration of the marriage.

Since this has become a very popular but rather contentious area of Bahamian law we will expand upon this area of law fully in order that you may have a good understanding of this law and to assist you in making intelligent decisions. You are reminded that a divorce will affect the lives of your children, therefore, it is always better to seek counselling before you make that final decision of no return.

We have linked to the Bahamas Matrimonial Causes Act, so that you may read it carefully and educate yourself on all relevant points of this law. Here is the link http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1879/1879-0006/MatrimonialCausesAct_1.pdf .

As usual you are invited to contact us by email at info@tevanslaw.com , by phone at 242-328-8510 or by visiting our website at http://www.tevanslaw.com/

Personal Injury Law

Personal Injury

Personal Injury is a very exciting area of law because if concerns the future lives of the members of a family that finds themselves victims at the hands of a negligent party that has caused the breadwinner or an important financial (dependent) provider of the family to become permanently incapacitate or even taken away from the family altogether by death.

Personal Injury cases can be very complicated and an area that definitely requires the expertise of a competent legal mind to ensure that all beneficial expectations are professionally researched and  to render unbiased advice.

In a personal injury matter you could expect that your attorney/lawyer will want an accurate account of the matter which would include but not limited to:

• Medical treatment received
• A full detail of the injuries sustained
• The date, time and place where the injury occurred
• Proof of loss of earnings
• Proof of all expenses
• To provide all documents that can support your claim

You attorney/lawyer will be able to assist you in the following manner:

• Advise you of the likelihood of your success in the matter
• An estimation of the compensation that might be awarded if you are successful in your claim (no guarantees are given)
• The legal process that the matter must follow
• The estimated length of time the matter might take before a decision is reached (no guarantees are given)
• Estimated cost from beginning to completion of the matter (no guarantees are given)
• What further information that might be required etc.

There will definitely be more requirements as the case goes on and this requirement will vary from attorney to attorney,however, the above information is merely provided to whet your appetite and to point you in the right  direction so that you may become knowledgeable so that you can conduct a full research if you ever require an attorney to represent you in a personal injury matter.

To gain some insight into the workings of a personal injury matter we have provided a link to a case that was brought before a Bahamian court here is the link http://www.courts.gov.bs/cms/wp-content/uploads/shenika.russell.v.billy_.rolle_.pdf

Should you require further information concerning this publication please feel free to contact us at Evans & Co. either by email at info@tevanslaw.com , by telephone at 242-328-8510 or from our website
 http://www.tevanslaw.com/

Bahamas Banking Law

Banking law in The Bahamas establishes the rules and regulations which controls the manner in which banks operating within the Bahamas jurisdiction must adhere to risk  or losing their licences.

Technology has played a very pivotal role in the enactment of our banking laws.Money Laundering and the Financing of Terrorism has caused the Bahamas as well as other countries to step up their game through the enactment of laws that would ensure that illicit banking activities would be detected or discouraged.

The Bahamas has done an excellent job in our fight against Money Laundering, Drug Transshipment and Combating The Financing of Terrorism through the enactment of relevant laws that lays down some very tight rules and regulations for the protection of our country's reputation and the safeguarding of our financial industry. Below we have linked to current Banking and Financial Regulations so that you may access them and research the areas that are of interest to you.

The Banks and Trust Companies Regulation Act, 2000

The Central Bank of The Bahamas Act, 2000

The Financial Intelligence Unit Act, 2000

The Proceeds of Crime Act, 2000

The Financial and Corporate Service Providers Act, 2000

The Financial Transactions Reporting Act, 2000

The International Business Companies Act, 2000

The Evidence (Proceedings in other Jurisdictions) Act, 2000

Criminal Justice (International Cooperation) Act, 2000

The Anti-Terrorism Act, 2004

As usual you may contact us at Evans & Co. if you need guidance or have your questions answered regarding this submission at info@tevanslaw.com or by phone 242-328-8510 you may also visit our website at www.tevanslae.com

Evans and Co. Introduction Continued.

In this writing we have expanded upon our introduction to give our readers/followers a better view of who we are so that they will be in an informed position to appreciate our services in our chosen areas of practice.

International Experience:  Attorneys from Evans & Co have appeared before the Privy Council in London as well as advised and participated in cross border liquidations and enforcement of judgements.  Attorneys are admitted to the Bar of England and Wales as well as Turks and Caicos.

Published Articles: do we have any?

The Firm: Evans & Co is a boutique law firm with twenty-five years of experience dealing with both local and international clients.  A full service law firm, Evans & Co provides a wide range of services tailor made to our clients’ individual needs.  The firm consists of four attorneys.

Philanthropy: We provide two weekly radio segments providing the public with information on legal topics. (not sure if we can stretch that this far but your thoughts?)

Practice Areas:

1. Banking and Securities- advising on Banking regulations, formation of banks, advising bankers and customers of banks on the application of the substantive law of banking to everyday transactions and also on issues in dispute between banks and their customers. Acting as counsel in litigation of banking disputes.

2. Real Estate/Property Development- Conveyancing, Mortgages, advising on the creation of Condominium, preparing and filing Declarations and incorporating the necessary body-corporate in connection with the same Residential and Hotel Developments, including applications for Government approvals and Foreign Investment Board Approvals for foreign investors.

3. Insolvency- Bankruptcies, Liquidations, Receivership's, serving as counsel for Liquidators/Receivers and Creditors.

4. Trust and Estate Planning- Advising on estate planning vehicles and trust Structures, formation of trusts.  Serving as counsel in litigation arising in estate and trust matters.

5. Shipping/Maritime- Ship registration, ship mortgages, sale and purchase of Bahamian registered ships, shipping litigation.

6. Litigation- Commercial Litigation, personal injuries, debt recovery, insurance litigation, contract law, constitutional and administrative law, family law, international child abduction, trust and estate matters, shipping and disputes relative to intellectual properties

7. Company formation/management- Incorporation, Registered Office Services, Nominee shareholders, company management, Bahamian companies and IBCs. Advising on corporate governance issues

8. Insurance- Captive insurance company formation, insurance company formation, licensing applications, insurance litigation

9. Intellectual property: Original and convention applications, Trade Marks and patents, infringement litigation

10. Corporate and Commercial: Company formation, advising on corporate structures, e-commerce, Exchange control, direct foreign investment, litigation

Thank you for stopping by to grad our blog submissions, if you need to make a comment, ask a question or make a recommendation or offer advice please fell free to contact us by email at info@tevanslaw.com or by telephone at 242-328-8510.

Administrative Law

What is Administrative Law? Wikipedia  The Free Encyclopedia, defines Administrative Law as a "Branch of United Kingdom law which the decisions and decision making processes of public bodies are subjected to judicial control". Since The Bahamas is a part of the Commonwealth, and we practise the same common law as the UK this definition can also be applied to Bahamian law.

The Minister of Public Works, recently had a matter brought against him in his capacity as the Ministerresponsible for the road works that is the subject matter in this case which was  based on the road works between Market Street and Blue Hill Road which sought a ruling based on the grounds of Judicial Review. This is a very interesting case and it brings to the fore that Bahamians are finally waking up when it comes to their Constitutional Rights as Citizens being violated by Government and its Agencies. the Constitution gives every Bahamian and residents alike rights and freedoms that should be free from control by any organisation or individual.

You can read this case ruling here  http://bahamasuncensored.com/Baillou_Hill_judgment.pdf . Send us your comments, suggestions or other enquires at info@tevanslaw.com or telephone 242-328-8510.

Constitutional Law

  The Rule of Law

Whenever we hear the term “Constitutional Law” we merely associate it with the Constitution, but most times we never really get down deep into it to determine exactly what it entails and why it should be important to each of us.

The Business Dictionary (Online Dictionary)defines Constitutional Law as the “Body of Law derived from a countries Written Constitution. It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents”.

The noted UK Law Professor, A.V. Dicey, in his excellent book entitled, “Introduction To The Study of The Constitution”, which was published in 1885, lays down three (The Rule of Law) principles, they are:

              I.    "  Legal Duties and liability to punishment of all citizens, is determined by the ordinary or regular law and not by an arbitrary official fiat, government decree or wide discretionary- powers

           II.      Disputes between citizens and government officials are to be determined by the ordinary courts applying ordinary law and

         III.      Fundamental rights of the citizens which are the freedom of speech, the freedom of association and the freedom of the person, are rooted in the law and are not dependent on any abstract constitutional concept, declaration or guaranty."

Therefore, we can now see that Constitutional Law is really about the Rule of Law and that no one is above the law. Every citizen and resident of The Bahamas comes under the same law and no one person or groups of persons nor a government or its officials are above the law.

 The Government of The Bahamas and Attorney General appeared before the Supreme Court of The Bahamas in a matter that concerned Judicial Review, which was brought against the Government of The Bahamas and The Attorney General by Cheryl Grant- Bethel. You may read the ruling in the case here at http://www.bahamasuncensored.com/Cheryl%20Bethel-Ruling.pdf . Evans and Co. appeared on behalf of the Chief Justice of The Bahamas.
You may contact us at Evans and Co. if you have questions, comments or require advice concerning this article at info@tevanslaw.com or by phone 242-328-8510.