Legal News

Enforcement of foreign wills—updated guidance from the BVI courts (In the matter of the estate of Sheikh Saoud Mohamed A.A. Al Thani (deceased)

Published on: 13 May 2022
Published by: LexisPSL
  • Enforcement of foreign wills—updated guidance from the BVI courts (In the matter of the estate of Sheikh Saoud Mohamed A.A. Al Thani (deceased)
  • What are the practical implications of this case?
  • What was the background?
  • Contesting a foreign will
  • The Qatari proceedings and the BVI proceedings
  • Recognition of a foreign oral will—and estoppel by judgment
  • What did the Appeal Court decide?
  • Case details

Article summary

Private Client analysis: Estate litigation continues to be on the rise across both the Cayman Islands and the British Virgin Islands (BVI), with an increasing number of proceedings involving some form of claim to assets in the estate of a deceased or against the actions of an executor. This trend is worth monitoring, and undoubtedly reflective of generational change as those who set up companies or transferred interests into these jurisdictions decades ago pass on and leave their families fighting for control of the assets they have left behind. Bernadette Carey, partner at Carey Olsen, Cayman Islands discusses a helpful new judgment from the Eastern Caribbean Court of Appeal (Appeal Court) handed down on 23 March 2022, which provides helpful further insight into family disputes over wills. or take a trial to read the full analysis.

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