Judge’s Message To Barbados Estate Trust Lawyers: Stop Being Such Crooks

Caribbean Court Of Justice Judge Tells It Like It Is

Well, we are glad we have that straight now. A judge giving a lecture to estate lawyers saying that it is a good idea not to lie, cheat and steal but rather you should tell the truth.

Egad!

We are flummoxed here with what is not being said. Was there ever any question that lawyers need to be honest and especially so when they are executors or trustees of an estate? Apparently it is just not quite clear to those presently practicing law in Barbados so a judge had to set the record straight.

Estate trust horror stories abound in Barbados, and it looks like the embarrassment cup is running over. As well it should.

Trustees Called To Account

ESTATE TRUSTEES have an obligation to ensure beneficiaries of the estate under management are fully aware of their rights.

This was one of the messages sent by Mr Justice David Hayton of the Caribbean Court of Justice when he addressed the Barbados branch of the Society of Trust and Estate Practitioners (STEP) last Friday.

“The basis for the duty to provide information is the fact that the trust is an obligation; trustees must account for what they’re doing and the beneficiaries must have a corresponding right to make the trustees accountable.”

Hayton made the comments as he spoke on the topic The Trustees’ Duty to Provide Information and the Significance of Letters of Wishes at Hilton Barbados , Needhams Point, St Michael.

The justice reminded the gathering of STEP members that accountability was at the core of the trust concept.

“If there’s no accountability, there’s no trust. You’ve got to have this tension because the right produces the obligation. If it’s not there, it splits apart,” said Hayton.

He also advised them that it was always better to disclose to beneficiaries the information due them rather than become embroiled in a court battle.

… read the original at The Nation News (link here)

7 Comments

Filed under Barbados, Crime & Law, Offshore Investments

7 responses to “Judge’s Message To Barbados Estate Trust Lawyers: Stop Being Such Crooks

  1. Justice

    BFP, of course I agree with you that dishonesty should be banished from our fair land, but how do you arrive at the conclusion that the learned judge said lawyers should stop lying, cheating and stealing from his reiteration of the general duties of a trustee (who need not be a lawyer) to the beneficiaries of an estate? Is it because lawyers are easy targets?

  2. K24K544

    Justice, I can see what BFP is talking about.

    It is hilarious that a judge thought it necessary to make that speech where he did! Says everything.

  3. John

    Have you seen what happened with Valton Bend in today’s nation?

    He is a good reason not to have the death penalty!

  4. “Justice” is correct in saying the judge does not go nearly as far as BFP suggests, but K24 may have a point that “where there’s smoke, there’s fire.”

    Too many speakers, I find, in making addresses of this nature, preach to the converted with platitudes that nobody can disagree with. Like when the Chief Fire Officer solemnly tells people they should be more careful not to set fire to their homes.

    It is quite possible that Justice Hayton’s audience sat there smugly and thought “Why is he recounting what we already know and do?”

    Only if the learned judge had come out and said “You must stop taking advantage of little old ladies and family disputes” would they have sat up and taken notice.

    We bandy around tales of injustice, so see more suggested in the judge’s speech than the man-in-the-street who probably assumes lawyers are not crooks, just inexcusably slow in producing results.

  5. Elizabeth T. Llorent

    Can you imagine the Judge needed to remind Barbados Lawyers, not to be perjurious ??!! why…cause they do it all the time, until they are caught.For the second time (that I can remember) that Judge from another country had to site the Judiciary for incompetence. Well, I am happy about this. If you have to be reprimanded for these issues…it says something about what is going on…how do you people get these jobs?….I cannot believe this. Now let the world know! If there is an opening anywhere in this judiciary, I’d like to get a ‘shot’ at it. I know I would do a better job than most of you…why you like to lie to people, especially women.
    Bye

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