Wills/Guardianship

No one likes to think about issues of mortality but it is vitally important to think and plan ahead to ensure that those you leave behind are protected. If you die without a valid Will (‘intestate’) then your estate will be distributed in accordance with the Probate and Administration Rules which are unlikely to be consistent with your specific wishes.

Our advisors will make the Will creation process as simple, clear and cost effective as possible to help ensure that your wishes are properly recorded and respected.

It is important to make a Will so that you are in control of who should act as your executors (to carry out your wishes), who should act as guardian(s) to your children, what should happen at your funeral and how your assets should be divided amongst your chosen beneficiaries.

Individuals should also keep their Wills under review as different life events inevitably occur and family circumstances change over time. The need to review/vary a Will can arise upon marriage or remarriage of the testator themselves or one of their beneficiaries. It is important to note that previous Wills are not automatically revoked upon divorce and so you may wish to update your Will to reflect your new marital status and revised wishes upon the breakdown of a relationship.

Putting plans in place in case of future loss of capacity can be just as important as planning for your death. Diminished capacity can affect people at any stage of life and impact on the individual’s ability to make legal decisions whether in relation to their care, medical treatment or financial affairs. Our advisors can provide advice and assistance with the preparation of lasting powers of attorney and advance medical directives to ensure that your wishes are respected should your mental capacity deteriorate in the future.

Our team can also provide expert advice in obtaining Guardianship orders before the Grand Court when a person is of unsound mind and has lost capacity to manage their own affairs. Pursuant to the Grand Court Law (2015 Revision) and the Mental Health Law, 2013, the Court can appoint a person/persons as guardians (and receivers) to manage the property and affairs of an individual who has suffered a loss of mental capacity.

If you have any questions, please don’t hesitate
to get in touch. Call 345-746-5290 or email
info@caymanfamilylaw.com