Cayman Islands’ probate practice for non-Cayman domiciliaries

This article deals with the procedures and documentation required to secure a Cayman grant for the estate of a non-Cayman domiciliary, and highlights the pitfalls that practitioners should be mindful of.

Related briefings

UK Supreme Court offers lessons for landlords of multi-tenanted buildings in Cayman

In the UK, it is common for mutual-enforceability covenants (the nature of such covenants is explained below) to be found in the leases of flats located in apartment blocks. The enforcement of such a covenant was considered by the UK Supreme Court in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18. While such mutual-enforceability covenants are (to the best of the author’s knowledge) not used in the Cayman Islands, the decision offers important lessons about leasehold obligations, especially where the same landlord enters into leases with multiple tenants in the same building.

Cayman injunctions in aid of foreign proceedings

Where a potential judgment debtor in “onshore” proceedings threatens to dissipate its assets, the plaintiff may face a Pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Cayman company or has assets in Cayman, the Cayman Court has a statutory jurisdiction to grant a freezing injunction in aid of those foreign proceedings, which can extend to the worldwide assets of the defendant.

Migration of foreign limited partnerships into Guernsey

The States of Guernsey has adopted regulations permitting foreign limited partnerships to migrate or continue into Guernsey using the statutory migration process set out in the Limited Partnerships (Guernsey) (Migration) Regulations 2020 (the Regulations).

Resilience and sustainability in a changed environment

As we emerge into a post-pandemic world every industry will need to take stock, evaluating the changes that are here to stay and the adaptations we need to make to suit the new environment. Craig Cordle examines the developments and resilience of Guernsey’s funds industry.

Latest Briefings

EECC Transposition – Portuguese Regulator ANACOM Publishes Draft

In this context, the Portuguese communications regulator (ANACOM) published on 4 August 2020 a draft document aimed at transposing the EECC (the Draft Transposition of the EECC), following a public consultation launched by the Government/ANACOM on 26 November 2019, in which various stakeholders provided their inputs on the matter. As a general rule, the draft transposition […]

Wrongful trading in Northern Ireland what is it and what has changed

Wrongful trading is a term that has received quite a bit of press over the last few months, mainly through the headlines generated by the UK Government’s unprecedented amendment to the wrongful trading provisions contained within our insolvency legislation. But what exactly is wrongful trading and what has changed?

Where feeding feels like abuse – a harrowing case

Avon and Wiltshire Mental Health Partnership & North Bristol NHS Trust v WA & Ors [2020] EWCOP 37 Introduction This application concerned WA, a Palestinian refugee, who believes he was born on 29 December 1994, and who was therefore 25 years old. WA is a patient at Southmead Hospital, Bristol, having been admitted due to malnourishment. […]

Recruit legal talent

Get your role in front of over 300,000 legal professionals when you advertise with The Lawyer. Our team of experts provide bespoke solutions to help solve all your recruitment challenges.

Find out more