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Help Please Barbados Wills and Probate

Help Please Barbados Wills and Probate

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Old Dec 26th 2010, 11:37 pm
  #1  
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Default Help Please Barbados Wills and Probate

Hi Guys
Is there anyone here who knows anything about the workings of probate law in Barbados?

I am having quite a lot of trouble finding out stuff on the Internet and tracing down a will for a family member of mine.

Here is the story so far.

My relative "Kelly" father moved back to Barbados about 10 years ago and moved back in with his ex partner. Never married.

He died about 3 years ago having previously written to Kelly telling her that she was due to be included in his new will.

Since that date Kelly has been contacted several times on the telephone by the partner telling her to come over to Barbados to get her money and sign a paper that she has received funds.

She could not go due to monetry expenses etc.

Kelly has asked to see the will on several occassions and has been met with a very hostile reception. She has been told that she wont be cheated and she cannot on any cirucumstance see the will. She has to go and get the money in person. This cannot be sent or transfered.

Now, here is the tricky bit. The probabate is alleged to have been settled but Kelly has not been officially (in letter) been told that she has X sums coming to her. She has not seen a will. She is worried about going to another country to get funds.

The executor of the will seems to be a friend of the ex partner and they have told Kelly that they have all the funds. Not sure how this happened.

Kelly wants to find out exactly how much she is due from a court or similar and would really like to see the will before she spends X amount on going to Barbados to get these funds. No point going all that way for £50 quid if you get my drift.

I know that law in Barbados is based loosely on UK law and wondered if there is a way for her legally to apply to see here Fathers Will?

Can she ask a court to force the Exectutor to send funds rather than her going over there?

Can she contact the solicitor that handled the will. Do they act for the deceased or for the remaining family in Barbados?

One final note. The ex partner has told Kelly that she has been unwell and has had to visit the States for medical help. She owes the US a lot of money in medical bills. Kelly received a call a few days ago stating that she needs to come and get her money urgently or the US state will take all of the money (including Kelly's) to pay unpaid medical bills?

Should this money be in the account of the EX? Can she spend this money that is supposedly put aside? And above questions.

I know this is a difficult one but i assume the laws in barbados are similar to the UK. Any advice, addresses are appreciated.

Many thanks
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Old Dec 27th 2010, 2:43 am
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Default Re: Help Please Barbados Wills and Probate

I would seriously suggest Kelly retain a lawyer to handle this matter. If there is someone in the UK who can handle this or she may need to contact someone in Barbados. I would, honestly in this case, suggest that she take any word written here as gospel.

If the ex-partner somehow managed to get her money, the likelihood is that it is in that person bank account (which is should be by the sound of it) and if the person is having issues in the US, they can take ALL of the money, if it's in that persons account. (set it aside doesn't really matter, I wouldn't think, if it's not in a separate account. Anything under the ex-partners name would up for grabs).
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Old Dec 27th 2010, 5:02 pm
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Default Re: Help Please Barbados Wills and Probate

Originally Posted by Sunniebgi
I would seriously suggest Kelly retain a lawyer to handle this matter. If there is someone in the UK who can handle this or she may need to contact someone in Barbados. I would, honestly in this case, suggest that she take any word written here as gospel.

If the ex-partner somehow managed to get her money, the likelihood is that it is in that person bank account (which is should be by the sound of it) and if the person is having issues in the US, they can take ALL of the money, if it's in that persons account. (set it aside doesn't really matter, I wouldn't think, if it's not in a separate account. Anything under the ex-partners name would up for grabs).
I went through Probate with my Family in Barbados several years ago. Probate in Barbados is only done so those that are owed money can legally file a claim. The Barbados government does not have an inheritance tax like the US and Canada.

Does Kelly know how much money is left for her? Does she know who the trustee of the Will is? It may be different than the partner.

I think Kelly should risk it and go to Barbados. The partner has said she has money for Kelly. Has Kelly asked the partner to buy an airline ticket for her with part of the money?

There are many reasons why someone might not want to let her see the will. One reason could be that they plan to screw other beneficiaries but give Kelly her portion thus wouldn't want copies of the will to be circulated or hiding the money from the UK government.
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Old Dec 29th 2010, 2:55 pm
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Default Re: Help Please Barbados Wills and Probate

Hi, I would contact the lawyer that the executor of the will is using in Barbados and ask the solicitor to send you a copy of the will via email and by letter.
You have a right to see the will !!! That way you cant be done by anyone!!!
it sounds a bit fishy to me...
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Old May 15th 2011, 6:56 pm
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Default Re: Help Please Barbados Wills and Probate

Hello,
I am facing a simular problem but not quite the same. I trying to find out how to check to see if a will was filed/registered in barbados for a particular person but I can't seem to find any information on the web. Is this something that can be done on the phone or via mail or do I have to go to Barbados in order to inquire. If I do go to Barbados, what is the process for making an inquiry? Can anyone help?
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Old May 15th 2011, 7:47 pm
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Default Re: Help Please Barbados Wills and Probate

Hi, Yes you will have to go to Barbados and so will we have to go, most likely next year! lol... sadly these things cant be sorted via email or over the phone, pity its such a long way to go eh ? lol..

I hope that I can represent ourselves in Barbados in court the same way we can in the UK, ? but im not sure about this either, we will find out soon enough though...
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