Non – contentious
Our firm advises clients on all aspects of traditional chancery matters which include the drafting of wills and trusts, and estate planning matters. Our services include:
– the drafting of Affidavits
– the drafting of Power(s) of Attorney
– the drafting of Wills and Living Wills
– the review and drafting of trust deeds and supplemental trust instruments
– providing advice on the provisions of wills and trust documents
– Deed Polls
– Birth and Death Certificate Registry Search
– Probate Searches
– Legal Opinions on Bahamian Chancery law
Contentious
We have been instructed on all aspects of contentious estate claims including applications for the removal of executors of a will, or applications to pass over executors of a will. Our representation has also included blessings applications and variation applications made to vary rights under irrevocable trust instruments. We have also been involved in contentious trust litigation.
Below are some examples of our contentious traditional chancery practice:
Section 83 Trustee Act and Breach of Trusts – In the Matter of the R Trusts [2021] (ongoing) – Defending the trustee of a multi-million dollar family trust against claims of breach of trust.
Citation Application to Remove Foreign Executors – In the Matter of the Estate of S [2021] (ongoing) – Citation application in contentious administrative proceedings to compel the administration of a large family estate or alternatively have the executors passed over in favor of beneficiaries duly entitled under a will.
Trust Costs – Pre-emptive Costs Order – RTL v AFD et al [2015] – Assisting in advising on trust costs principles under the Re Buckton, Buckton v Buckton [1907] 2 Ch 406 guidelines and the practice of costs awarded on a party to party or indemnity basis in hostile trust proceedings.
Variation of Trusts – JPM Variation [2015] – Assisting in the variation of a trust deed using amendments to the Trustee Act, as amended (delegated) trust provisions.
Indemnity for Fiduciary – Re the C Trust [2014] – Advised and conducted the advocacy for the former Protector in an application for directions brought by the trustee under a discretionary trust.