When a person dies, no-one can access his/her assets until either probate of the will or, in the case of intestacy, letters of administration have been granted by the court. The services of an attorney are normally necessary for this process. The executor or administrator collects all the assets, pays the deceased’s debts, and distributes the net proceeds to the beneficiaries under the will or to the persons entitled on intestacy.
In the tourism sector, personal injury claims frequently arise from accidents in hotels. We specialize in the provision of expert reports on local law, regulations and standards in connection with claims brought by visitors who suffer personal injury in hotels and other tourist establishments.
Recent legislation in Barbados, the Foundations Act 2013, enables the creation of private foundations (though, to date, the Act has not yet been brought into force). A foundation is a separate legal entity, in the nature of a company (though without the issue of shares), to which the founder transfers his assets, to be held by the foundation for the benefit of certain beneficiaries and for purposes specified by the foundation’s charter and/or bye-laws.
Trade marks in Barbados are governed by the Trade Marks Act, Cap 319 (as amended by the Trade Marks (Amendment) Act, 2001-16) and the Trade Marks Regulations, 1984. Generally, but not exclusively, marks may consist of names, pseudonyms, geographical names, arbitrary or fanciful designations, emblems or any combinations or arrangements of colours and shapes of goods or containers. It is important for an owner of a distinguishable mark to register it in order to claim the exclusive right to use the mark, and thus prevent others from copying or using any other mark which resembles his own mark in such a way as to be likely to mislead the public. Further, unregistered (as well as registered) marks in use in Barbados are entitled to protection under the common law of passing off.
IBCs in Barbados are governed by the International Business Companies Act, 1991 (as amended by the International Business (Miscellaneous Provisions) Act, 2001-29)– legislation which seeks to provide incentives by way of tax reduction, exemptions and benefits for international manufacturing and international trade and commerce from within Barbados. An IBC may not engage in trading or business in Barbados, but it is permitted to engage in international trade or business if it has obtained a licence from the Ministry of Economic Development. Such licence will be valid until the 31st December in the year in which the licence is granted.
Conveyancing practice in Caribbean territories follows well settled principles derived from English common law, as modified by local statutes such as the Property Act, Cap 236 (Barbados) and the Law of Property Act, Cap 190 (Belize). One of the hallmarks of conveyancing practice derived from England is that vendor and purchaser are normally represented by separate attorneys.