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.
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)