The following Private Client practice note provides comprehensive and up to date legal information covering:
This Practice Note was produced in partnership with Anthony Partridge of Ogier, Cayman Islands and Wisdom Hon of Ogier, Hong Kong.
For individuals who are not domiciled in the Cayman Islands but personally own assets situated in Cayman Islands, they may have a separate Will governed by Cayman Islands law to dispose of such assets to facilitate the later probate process. Under Cayman Islands law, the applicable law for both the formal validity and essential/material validity of a Will of a foreign domiciled person depends on the nature of the assets. For immovable property situated in the Cayman Islands, the applicable law is lex situs, meaning that of the Cayman Islands. For movable property, such as cash in bank or shares in Cayman Islands companies (including Cayman Islands exempted companies), the applicable law is the law of the last domicile of the deceased. It is important to note that not all shares in Cayman Islands are situated in Cayman Islands. For shares in Cayman Islands companies listed on a foreign exchange, such shares are situated where the exchange is located. For example, if a person is holding shares in a Cayman Islands company which is listed on Hong Kong Stock Exchange and such shares are registered on the register of members of such company in Hong Kong, the situs of such shares is Hong Kong
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Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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