The Law of Wills and Estates in Bermuda - Eighth Edition, authored by Michael Mello QC, JP, TEP is now available. It includes several expanded and updated Chapters, amended to take into account the changes in both the law and practice since the Seventh Edition was published in 2012, including citations of recent court cases.
Summary of the most notable updated and expanded Chapters:
- Chapter VII - expanded section on Rectification and Will Draftsman's Negligence;
- Chapter X - additional section on incompetent testators who are alive but incapable of giving consent to release their Will to others when there are compelling reasons to do so and an expanded Section on the use of offensive and/or scandalous language in Wills;
- Chapter XI - additional paragraph in Section 1 to explain the difference between executors and trustees and their respective roles and also on the position of testators appointing estate representatives in addition to executors in a new Section 11;
- Chapter XII - new Section 6 on de bonis non Administratis and second probate applications;
- Chapter XV - new Section 3 on deductions and exemptions from estate stamp duties and the new procedure prescribed by the Ministry of Finance for an application to have non-registered charities and benevolent organisations deemed charitable; and
- Chapter XX - revised and updated chapter on Same-Sex Marriage due to the minor amendments in this area by the Human Rights Amendment Act 2013.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.