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Trusts & Trustees 2009 15(9):749-752; doi:10.1093/tandt/ttp094
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Offshore: Commonwealth of the Bahamas

Earl A. Cash*

Correspondence: *Earl A. Cash, Higgs & Johnson, Ocean Centre, Montagu Foreshore, East Bay Street, PO Box N-3247, Nassau, Bahamas; Tel: +242 502 5200; Email: ecash@higgsjohnson.com.

The first 150 words of the full text of this article appear below.


   1. Type of system
 

  • Civil law, common law or other (specifying closest to which system).
The Bahamas is a common law jurisdiction, and the primary pieces of legislation that govern succession in this jurisdiction are the Inheritance Act, 2002, the Wills Act, 2002 and the Administration of Estates Act, 2002 (‘Relevant Succession Acts’).


   2. Applicable law
 

  • Which law will govern succession to moveable and immovable assets in deceased's estate—nationality, domicile or habitual residence? Explain these concepts.
In the Bahamas, the succession of moveable assets is generally governed by the laws of the domicile of the deceased. However, the succession of immoveable assets is governed by the lex situs of such property.


   3. Jurisdiction and conflict of law aspects
 

  • When deceased has foreign domicile/nationality, when will another court make a grant of representation in relation to property in his estate?
Where the deceased has foreign domicile but leaves property in the Bahamas, any grant of representation issued by the Bahamas courts would be subject to . . . [Full Text of this Article]


   4. Forcedheirship rights
 

   5. Community of property between husband and wife
 

   6. Recognition and enforcement of judgments
 

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