Bahamas: Client Memorandum - Resealing Of Grants Of Probate, Letters Of Administration, Letters Testamentary Etc.

Issued By Courts Outside Of The Commonwealth Of The Bahamas

Where the estate of a deceased person administered outside the Commonwealth of The Bahamas comprises assets within The Bahamas, the testamentary grant obtained by the personal representatives must be resealed in The Bahamas by (usually) a local attorney acting under the authority of a Power of Attorney given by such personal representatives.

Initially, the local attorney will require a list of the assets situate in The Bahamas together with two copies of the Will (or Letters of Administration in the case of intestacy) and two copies of the testamentary grant each copy of the grant and Will being individually certified by the Court issuing the grant.

Upon receipt of these items the requisite Power of Attorney will by prepared and forwarded for execution by the personal representatives.

If the deceased owned land in The Bahamas the originals or photocopies of the Conveyances (Warranty deeds) to the deceased should be sent to the local attorney along with the Power of Attorney following its due execution and completion.

The Application for resealing then can be compiled, filed and the requisite affidavit sworn at the Registry of the Supreme Court. Grants normally are forthcoming within Ninety (90) days of filing.

Subsequent to the issue of a Grant of Resealing the personal representatives will pass title to the devisees under the Will (or heir-at-law in the case of intestacy) and this is acheived, normally, by a Deed of Assent otherwise by such document as the circumstances require.

The laws of the Commonwealth of The Bahamas govern the disposition of all real estate situate in the said Commonwealth.

This memorandum is intended for the general information of our clients, and should not be treated as a substitute for obtaining specific legal advice upon the law as it applies to the facts of an individual case.

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.