Private Clients and Estates

A Will is a “powerful” document defined as a legal instrument that permits a person, the testator, to make decisions on how his/her estate will be managed and distributed after his/her death and only takes effect upon death. We take instructions from clients and advise on the best way to make provisions in their Wills particular as it relates to providing for their love ones after their death. In the event of a change being required a Codicil can be drafted to amend the terms of the Will.

An Enduring Power of Attorney is a written document whereby an individual (called an Attorney) is appointed to act on behalf of an individual in relation to financial matters. The Enduring Power of Attorney only comes into effect in the event an individual is mentally or physically unable to conduct your financial affairs for themselves and their inability to do so has been confirmed by a doctor. Our team will take instructions from a client, and in some cases, liaise with doctors and social workers to ascertain an individual’s ability to make decisions at the time of instruction.

In some unfortunate circumstances, individuals require assistance for loved ones who do not have the mental capacity or ability to handle their affairs and have never had an Enduring Power of Attorney drawn up. Our team is experienced in making receivership applications to the Supreme Court under the Mental Health Act 1965 and will handle each case with compassion and sensitivity to ensure that the client’s needs are met.

The Health Care Directive allows you to name someone to make decisions about your health care including decisions about life-sustaining treatment if you can no longer speak for yourself. We take instructions from clients to ascertain what their wishes are in the event that they are no longer capable of making decisions concerning their care. We also liaise with the hospital and their medical provider to ensure that this document is retained on their files for future requirements.

When an individual dies their assets will need to pass to their beneficiaries as per their Will or as per the Succession Act 1974 when there is no Will. Our team will advise on the requirements involved in making the necessary application. We liaise with banks and insurance companies and realtors to determine the value of assets and liabilities of the estate to name a few of the items addressed during the process.

Once we have received the Grant of Probate or Grant of Letters of Administration from the Supreme Court, we work with various parties such as banking and investment institutions to collect in the assets to distribute in accordance with the Will or the Succession Act 1974.

A Primary Homestead Certificate application is the process of designating a property in Bermuda as a homestead to minimize death tax upon an individual’s death. You must be Bermudian or a Bermuda Status holder and own a home in Bermuda. The process can be daunting as it requires providing legal details in relation to the property as well as those who own the property. Our team has the experience to advise appropriately and expedite the application.