Employees facing a sale of the company where they work have an uncertain future. You may not know if you will still have a job at the new company, if you will be laid off, or if your pay and benefits will change. In The Bahamas, employees have certain rights if their company is being sold. Trans...
Blog Posts
Anticipating a Lawsuit? What You Need to Know
If you anticipate that someone will file a claim or lawsuit against you in court, or if you plan to file suit yourself, there is some important information that you need to know first. Do Not Destroy Documents When a legal claim against you is expected, do not give in to the impulse to destroy ...
A Trust Beneficiary’s Rights When the Trustee Makes a Mistake
If you are the beneficiary of a trust and you believe the trustee has made a mistake, you may have questions about your rights in these circumstances. You may think that you have not received money to which you are entitled, or that the trustee is mishandling trust assets, or you may think that t...
Should We Have a Written Employment Contract?
When you start a new job in The Bahamas or when you hire a new employee for your business, it is recommended that you have a written employment contract. Written employment contracts protect employees and employers by setting forth the terms that both must follow during the employment relationshi...
Can an Arbitration Award Ever Be Overturned?
If you went to an arbitration proceeding and the arbitrator ruled against you, you may wonder if you can get the arbitration award overturned. There are a few specific circumstances when Bahamian courts will consider overturning arbitration awards. When an arbitrator makes an award at the end of...
Inspections and Audits of Banks Under Bahamian Law
Bahamian law provides for specific inspections and audits of banks located in The Bahamas. If you work in the banking industry, it is helpful to become familiar with the rules for inspections so you know what to expect. What Happens During a Bank Inspection? An inspection involves checking the ...
Receiverships in The Bahamas: What You Need to Know
When companies become insolvent in The Bahamas, the court may create receiverships to handle the companies' business as they are wound up. A receiver is one of several possible court appointees who could help manage a company during an insolvency proceeding. Companies become insolvent when they ...
Will an International Move Affect Your Estate Plan?
If you are considering an international move, you should consider whether it will affect your estate plan. Moving across borders is a major decision, and it can have a major impact on everything from your power of attorney to taxes. Estate, Probate, and Inheritance Laws Differ Among Countries C...
How to Prepare for Your First Court Appearance or Mediation
If you are appearing in court with your lawyer or going to mediation for the first time, you may not be sure what to expect. Depending on the nature of your case, attending court or a mediation could sound stressful or intimidating. With a little information, you can make your appearance less str...
Thinking about Getting a Divorce? The First Steps
If you are thinking about getting a divorce, now is the time to figure out your first steps. Some advance planning and legal advice can go far in making your divorce proceeding smoother and less contentious. Get a Lawyer Now Do not wait until after you tell your spouse that you want a divor...
Why Lawyers Use Expert Witnesses in Civil Lawsuits
For people new to filing civil lawsuits, the concept of expert witnesses could be completely unfamiliar. Your lawyer may tell you that you need to hire an expert witness to testify about a particular element of your case. Of course, you want to understand why you need this expert witness and why ...
Dismissal from Employment After an Injury on the Job
Employees unfortunately may face dismissal from employment after suffering injuries on the job in The Bahamas. If you have just lost your job, you may be dismayed, confused, and wondering about your rights. Under Bahamian law, you have the right not to be unfairly or wrongfully dismissed from yo...
What to Expect When You Retain a Lawyer for the First Time
If you are retaining an attorney for the first time, you may not know what to expect. Whether you have a business dispute, are getting a divorce, or need an estate plan, the right attorney has the knowledge and experience to help you with your legal needs. In exchange for hiring a lawyer, you get...
Can an Arbitrator Take Emergency or Interim Measures Like the Court Can?
If you are taking your dispute to arbitration, you may want to consider whether an arbitrator can take emergency or interim measures like a court could. While an arbitration has some similarities to court proceedings, in some situations the emergency relief could be more difficult to obtain, not ...
Supporting Relatives in Need Through Estate Planning
People who provide financial or other support to relatives can continue to help them after they die through estate planning. If you do not have a will or any other estate planning structures, but you give financial support to family members regularly or otherwise help them, consider making an est...
Trust Companies in The Bahamas: The Basics
In The Bahamas, private trust companies act for individuals or firms, often as part of broader estate planning for families. Trust companies are empowered to do things on others' behalf such as making transactions or managing funds. Like agents, trustees, and fiduciaries, trust companies take ...
Choosing a Trustee for Your Bahamian Trust
For persons interested in establishing trusts to hold some of their assets as part of an estate plan, choosing a trustee will be an important task. Picking the right person or entity that will manage these assets for the life of the trust makes a difference in the operation of your trust and th...
Can Estate Planning Protect Your Assets from Creditors?
When people begin to think about making an estate plan, they may wonder whether estate planning can protect their assets from creditors. Asset protection is certainly a valid goal sought by many planning their estates. But do not start moving money around now without understanding how estate pl...
What Is a Deed of Assent in The Bahamas?
An executor of an estate in The Bahamas may need to execute a deed of assent during the probate process. For those unfamiliar with probate court procedures, terms like “deed of assent” can be confusing. If you are acting as executor for the first time, gaining a basic understanding of the terms...
Do You Own a Business? Time to Make an Estate Plan
If you own a business, make an estate plan right away to protect both your business and your family should you pass away. Many business owners devote all their time to their companies' present problems but do not spend time planning for the future. Unfortunately, their employees, customers, and f...
The Importance of Clarity in Language for Commercial Contracts
The importance of clarity in the language used in commercial contracts cannot be overstated. Even one unclear word or ambiguous phrase could lead to contentious litigation. When companies negotiate contracts, their representatives should take special care to avoid ambiguities and uncertainties in...
Resolving Trusts and Estates Disputes Using Mediation
Families facing trusts and estates disputes after the death of a relative can use mediation to resolve the disputes while preserving relationships. Mediation is an alternative dispute resolution process in which a neutral mediator discusses the issues with parties to a dispute and attempts to res...
Locating International Assets for Probate
When someone dies while owning assets in different countries, the estate executor or administrator will need to locate these international assets for probate of the will. Probate courts review wills made by deceased people and decide who will receive all the property that forms part of their esta...
Why You Need an Attorney to Review Your Contract of Employment Before You Sign It
In The Bahamas, you need an attorney to review your contract of employment before you sign it. There are a number of reasons why you should take the time to find an attorney before putting pen to paper. Chief among them, a contract of employment is a binding legal document. A Contract of Employm...
Overview of Recent Exchange Control Changes in The Bahamas
Recent changes to exchange control in The Bahamas have affected transaction caps and limits on exchange of foreign currency. Businesses and individuals who use foreign currency should review the changes to make sure they understand today's Bahamian exchange control rules. Exchange control limits...