Author: Gilbert Kodilinye
Publisher: Routledge
ISBN: 1136279318
Category : Law
Languages : en
Pages : 758
Book Description
The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.
Commonwealth Caribbean Law of Trusts
Author: Gilbert Kodilinye
Publisher: Routledge
ISBN: 1136279318
Category : Law
Languages : en
Pages : 758
Book Description
The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.
Publisher: Routledge
ISBN: 1136279318
Category : Law
Languages : en
Pages : 758
Book Description
The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.
Caribbean Law of Trusts
Author: Gilbert Kodilinye
Publisher: Routledge
ISBN: 9781859410462
Category : Law
Languages : en
Pages : 309
Book Description
This text provides students with an introduction to the basic principles of the Commonwealth Caribbean law of trusts as exemplified by the West Indian perspective.
Publisher: Routledge
ISBN: 9781859410462
Category : Law
Languages : en
Pages : 309
Book Description
This text provides students with an introduction to the basic principles of the Commonwealth Caribbean law of trusts as exemplified by the West Indian perspective.
Commonwealth Caribbean Law of Trusts 2/e
Author:
Publisher: Cavendish Publishing
ISBN: 1843144484
Category : Civil law
Languages : en
Pages : 639
Book Description
This text provides students with an introduction to the basic principles of the Commonwealth Caribbean law of trusts as exemplified by the West Indian perspective.
Publisher: Cavendish Publishing
ISBN: 1843144484
Category : Civil law
Languages : en
Pages : 639
Book Description
This text provides students with an introduction to the basic principles of the Commonwealth Caribbean law of trusts as exemplified by the West Indian perspective.
Commonwealth Caribbean Law of Trusts
Commonwealth Caribbean Trusts Law
Author: Gilbert Kodilinye
Publisher: Routledge Cavendish
ISBN: 9781859415405
Category : Law
Languages : en
Pages : 592
Book Description
This book examines the relevant Caribbean legislation and case law together with the general principles of trusts law as applied in the English courts and other Commonwealth jurisdictions.
Publisher: Routledge Cavendish
ISBN: 9781859415405
Category : Law
Languages : en
Pages : 592
Book Description
This book examines the relevant Caribbean legislation and case law together with the general principles of trusts law as applied in the English courts and other Commonwealth jurisdictions.
Commonwealth Caribbean Family Law
Author: Karen Tesheira
Publisher: Routledge
ISBN: 131762484X
Category : Law
Languages : en
Pages : 585
Book Description
This important new text is the product of several years of research of the family law of fifteen Commonwealth Caribbean jurisdictions. It is the first and only legal text that comprehensively covers all the main substantive areas of spousal family law, including marriage, divorce, financial support, property rights and domestic violence. The rights of the statutory spouse in the jurisdictions of Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago are examined, thus addressing, on a jurisdictional basis, an important area of spousal family that is seldom covered in English family law texts. The book also covers the number and variations of divorce regimes applicable to the region – the matrimonial offence divorce model of Guyana and Montserrat, the English five fact model of Trinidad and Tobago, Dominica, Grenada, Anguilla, and St Vincent and the Grenadines, the hybrid model of Antigua and Barbuda, Belize and St Kitts and Nevis, and the no fault model of Jamaica and Barbados. This book will prove an indispensable resource for law students and legal academics, as well as for family law practitioners across the English-speaking Caribbean. Other professionals, including sociologists and social workers, will also find the book useful and informative.
Publisher: Routledge
ISBN: 131762484X
Category : Law
Languages : en
Pages : 585
Book Description
This important new text is the product of several years of research of the family law of fifteen Commonwealth Caribbean jurisdictions. It is the first and only legal text that comprehensively covers all the main substantive areas of spousal family law, including marriage, divorce, financial support, property rights and domestic violence. The rights of the statutory spouse in the jurisdictions of Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago are examined, thus addressing, on a jurisdictional basis, an important area of spousal family that is seldom covered in English family law texts. The book also covers the number and variations of divorce regimes applicable to the region – the matrimonial offence divorce model of Guyana and Montserrat, the English five fact model of Trinidad and Tobago, Dominica, Grenada, Anguilla, and St Vincent and the Grenadines, the hybrid model of Antigua and Barbuda, Belize and St Kitts and Nevis, and the no fault model of Jamaica and Barbados. This book will prove an indispensable resource for law students and legal academics, as well as for family law practitioners across the English-speaking Caribbean. Other professionals, including sociologists and social workers, will also find the book useful and informative.
Commonwealth Caribbean Company Law
Author: Andrew Burgess
Publisher: Routledge
ISBN: 113510767X
Category : Law
Languages : en
Pages : 1126
Book Description
In the last twenty five years, company law in the Commonwealth Caribbean has undergone dramatic changes, from a model influenced by English law to a new, harmonised collection of regional legislation based on the Caricom and CLI model Acts that vary substantially across Caricom member states. The variation within Caribbean company law presents an enormous challenge, both in terms of the breadth of the subject and in addressing the difference in provisions of one state’s Company Law Act as opposed to another. Using the Caricom model Act and CLI model Act as a basis for its structure, Commonwealth Caribbean Company Law examines and compares regional implementation of company law in an accessible and comprehensive manner that will be invaluable to students and practitioners in the region.
Publisher: Routledge
ISBN: 113510767X
Category : Law
Languages : en
Pages : 1126
Book Description
In the last twenty five years, company law in the Commonwealth Caribbean has undergone dramatic changes, from a model influenced by English law to a new, harmonised collection of regional legislation based on the Caricom and CLI model Acts that vary substantially across Caricom member states. The variation within Caribbean company law presents an enormous challenge, both in terms of the breadth of the subject and in addressing the difference in provisions of one state’s Company Law Act as opposed to another. Using the Caricom model Act and CLI model Act as a basis for its structure, Commonwealth Caribbean Company Law examines and compares regional implementation of company law in an accessible and comprehensive manner that will be invaluable to students and practitioners in the region.
Precatory Words and the Creation of Trusts in a Commonwealth Caribbean Jurisdiction
Author: Stephen Leacock
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The following article is a presentation of precatory words and the creation of trusts in a Commonwealth Caribbean jurisdiction. Re Codrington, U.S.P.G. v. Attorney-General concerned a bequest in the will of Christopher Codrington, who was once Chief Governor of the Leeward Islands, and who died in 1710. His will was admitted to probate in Barbados in 1711. The will contained, inter alia, a bequest of his two plantations in Barbados to the United Society for the Propagation of the Gospel. This Society entered into possession of the Codrington Estates in 1712 and from that date applied the whole of the income from the estates towards the fulfilment of the testator's wishes as expressed in the bequest. From 1745 until 1775, and again from 1789 until 1830, a grammar school was maintained by the Society. From 1830 Codrington College was maintained by the Society as an institution of higher learning and students received instruction in theology and the classics. However, according to the Society, the income was now insufficient to maintain the College in its present form, and therefore it sought the direction of the Court. The main question which the Court was asked to determine was whether the terms of the will created binding trusts or not. The High Court of Barbados held that a trust was created. The United Society for the Propagation of the Gospel was incorporated in 1701 by letters-patent under the privy seal of King William III. Its objects are set out in the preamble of its charter and were clearly charitable. Now, "equity looks to the intent rather than the form" and, therefore, neither technical nor special words are necessary to create a trust. The paramount consideration of the court is to ascertain the testator's intention from the words used in the instrument. Precatory words, therefore, can create a trust, if the court is satisfied that the testator's clear intention in using these words was to create one. However, the modem attitude to precatory words in the courts of the United Kingdom is to construe them with circumspection. Of course, trusts can be imposed by any language which is clear enough to show an intention to impose them; and in a proper case, the court will hold that a trust is created if, on the true construction of the intention of the testator, a trust was intended. It was, therefore, interesting to see how the High Court of Barbados would construe the will. Sir William Douglas C.J. proposed three main principles. He said: "Firstly, the will must be construed in accordance with the law as it stood in 1702, when the will was made". This view is clearly right, for although the court is in fact ascertaining the intention of the testator from the words used in his will, the attitude of the courts towards precatory words which prevailed in the earlier cases until the turning point in Lambe v. Eames should prevail. The court should take the view which a court in 1702 would have taken. This view was that precatory words did create a trust.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The following article is a presentation of precatory words and the creation of trusts in a Commonwealth Caribbean jurisdiction. Re Codrington, U.S.P.G. v. Attorney-General concerned a bequest in the will of Christopher Codrington, who was once Chief Governor of the Leeward Islands, and who died in 1710. His will was admitted to probate in Barbados in 1711. The will contained, inter alia, a bequest of his two plantations in Barbados to the United Society for the Propagation of the Gospel. This Society entered into possession of the Codrington Estates in 1712 and from that date applied the whole of the income from the estates towards the fulfilment of the testator's wishes as expressed in the bequest. From 1745 until 1775, and again from 1789 until 1830, a grammar school was maintained by the Society. From 1830 Codrington College was maintained by the Society as an institution of higher learning and students received instruction in theology and the classics. However, according to the Society, the income was now insufficient to maintain the College in its present form, and therefore it sought the direction of the Court. The main question which the Court was asked to determine was whether the terms of the will created binding trusts or not. The High Court of Barbados held that a trust was created. The United Society for the Propagation of the Gospel was incorporated in 1701 by letters-patent under the privy seal of King William III. Its objects are set out in the preamble of its charter and were clearly charitable. Now, "equity looks to the intent rather than the form" and, therefore, neither technical nor special words are necessary to create a trust. The paramount consideration of the court is to ascertain the testator's intention from the words used in the instrument. Precatory words, therefore, can create a trust, if the court is satisfied that the testator's clear intention in using these words was to create one. However, the modem attitude to precatory words in the courts of the United Kingdom is to construe them with circumspection. Of course, trusts can be imposed by any language which is clear enough to show an intention to impose them; and in a proper case, the court will hold that a trust is created if, on the true construction of the intention of the testator, a trust was intended. It was, therefore, interesting to see how the High Court of Barbados would construe the will. Sir William Douglas C.J. proposed three main principles. He said: "Firstly, the will must be construed in accordance with the law as it stood in 1702, when the will was made". This view is clearly right, for although the court is in fact ascertaining the intention of the testator from the words used in his will, the attitude of the courts towards precatory words which prevailed in the earlier cases until the turning point in Lambe v. Eames should prevail. The court should take the view which a court in 1702 would have taken. This view was that precatory words did create a trust.
Fundamentals of Caribbean Constitutional Law
Author: Tracy S. Robinson
Publisher:
ISBN: 9780414089853
Category : Constitutional law
Languages : en
Pages : 0
Book Description
" ... [I]dentifies the key features of the constitutional systems in the twelve independent states and 6 overseas territories in the Anglophone Caribbean, discusses the foundational concepts associated with these constitutions, and reviews the development and reform of constitutional law in this region"--Back cover
Publisher:
ISBN: 9780414089853
Category : Constitutional law
Languages : en
Pages : 0
Book Description
" ... [I]dentifies the key features of the constitutional systems in the twelve independent states and 6 overseas territories in the Anglophone Caribbean, discusses the foundational concepts associated with these constitutions, and reviews the development and reform of constitutional law in this region"--Back cover
Commonwealth Caribbean Family Law
Author: Karen Tesheira
Publisher: Routledge
ISBN: 1317624858
Category : Law
Languages : en
Pages : 435
Book Description
This important new text is the product of several years of research of the family law of fifteen Commonwealth Caribbean jurisdictions. It is the first and only legal text that comprehensively covers all the main substantive areas of spousal family law, including marriage, divorce, financial support, property rights and domestic violence. The rights of the statutory spouse in the jurisdictions of Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago are examined, thus addressing, on a jurisdictional basis, an important area of spousal family that is seldom covered in English family law texts. The book also covers the number and variations of divorce regimes applicable to the region – the matrimonial offence divorce model of Guyana and Montserrat, the English five fact model of Trinidad and Tobago, Dominica, Grenada, Anguilla, and St Vincent and the Grenadines, the hybrid model of Antigua and Barbuda, Belize and St Kitts and Nevis, and the no fault model of Jamaica and Barbados. This book will prove an indispensable resource for law students and legal academics, as well as for family law practitioners across the English-speaking Caribbean. Other professionals, including sociologists and social workers, will also find the book useful and informative.
Publisher: Routledge
ISBN: 1317624858
Category : Law
Languages : en
Pages : 435
Book Description
This important new text is the product of several years of research of the family law of fifteen Commonwealth Caribbean jurisdictions. It is the first and only legal text that comprehensively covers all the main substantive areas of spousal family law, including marriage, divorce, financial support, property rights and domestic violence. The rights of the statutory spouse in the jurisdictions of Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago are examined, thus addressing, on a jurisdictional basis, an important area of spousal family that is seldom covered in English family law texts. The book also covers the number and variations of divorce regimes applicable to the region – the matrimonial offence divorce model of Guyana and Montserrat, the English five fact model of Trinidad and Tobago, Dominica, Grenada, Anguilla, and St Vincent and the Grenadines, the hybrid model of Antigua and Barbuda, Belize and St Kitts and Nevis, and the no fault model of Jamaica and Barbados. This book will prove an indispensable resource for law students and legal academics, as well as for family law practitioners across the English-speaking Caribbean. Other professionals, including sociologists and social workers, will also find the book useful and informative.