Planning for a future which you are not a part of may initially seem like a daunting task, however this is why obtaining clear legal advice could make all the difference. Our Wills and Probate attorneys in the Cayman Islands are available to provide expert guidance and support on the most effective legal structures available to protect your interests and ensure the safe transfer of wealth to future generations.
At Stuarts Walker Hersant Humphries, we offer comprehensive Wills and Probate services for residents of the Cayman Islands and non-residents who have assets in the Cayman Islands such as real estate, shares in companies or bank accounts.
Without advanced planning in place, dealing with an individual’s final wishes and/or administering an estate can be contentious, time consuming, expensive and stressful. Our Wills and probate attorneys have significant expertise in drafting Wills and advising clients on the most effective methods to ensure their loved ones are not required to deal with these difficult issues and that their assets and legacy are transferred safely to the intended beneficiaries.
We can also assist with the proper execution of Wills and in obtaining grants of Probate from the Grand Court of the Cayman Islands as well as represent administrators in obtaining grants of administration where the deceased left no Will.
Our Cayman Islands Wills and probate lawyers can assist with matters such as:
- Drafting Cayman Islands Wills and advising on related legislation
- Estate Planning
- Grants of Letters of Administration
- Probate, Executorship and Inheritance
- Mental Capacity, Elderly and Vulnerable Clients
Discuss your requirements with our Wills & probate lawyers in the Cayman Islands
Contact our experienced team to learn more about our Wills & Probate legal services. To discuss more, get in touch with us today.
Cayman Islands Wills & local law
A Will dictates how a person wishes for their assets to be handled and passed on to designated beneficiaries following their death. As a part of the process, they also have the power to appoint chosen executors to administer their estate and follow the wishes set out in their Will.
Where someone owns Cayman Islands assets in their names, such as real estate, shares in a Cayman Islands property, or money in a Cayman Islands bank account, preparing a Cayman Islands Will is likely to be in their best interests – whether they are a resident of the Cayman Islands or not.
However, it is also important to note that the laws in the Cayman Islands outline that if someone does die leaving assets in the Cayman Islands, it is not possible for anyone to deal with those assets without first resealing any foreign grant of probate or letters of administration or obtaining a grant of probate or letters of administration from the Grand Court of the Cayman Islands.
Our Cayman Islands Wills & probate services
Wills and Estate Planning
Whether you need guidance on drafting a Will from scratch, or you need to make updates or additions to an existing Will to ensure it accurately reflect your wishes and how you would like your estate to be distributed, our experienced Wills and probate lawyers will provide you with the expert advice and guidance you need.
We can work alongside you to draft a comprehensive Will that takes into account all of your Cayman Islands assets.
Probate, Executorship and Inheritance
When probate or letters of administration have been granted, the personal representatives of an estate then have the authority to deal with the deceased’s Cayman Islands assets.
At this stage, our Wills and probate experts can support you with carrying out probate and advising the executor, dealing with all of the relevant steps and providing clear, practical advice to ensure the process is handled swiftly and efficiently.
Advanced healthcare directives or “living wills”
The Health Care Decisions Act, 2019 (the HD Act) ensures persons living in the Cayman Islands have greater autonomy over their healthcare in the event of their incapacity. The HD Act specifies a procedure by which a mentally competent individual can issue an “Advance Health Care Directive” in order to express his or her wishes in regards to the forms of medical treatment they would (or would not) like to be administered in the event the individual becomes mentally incompetent.
Usually one or more persons are appointed as proxies to make medical decisions for the individual in the event they become incapable. It is important to note that the HD Act does make provision for recognition of health care directives executed in jurisdictions other than the Cayman Islands. As such it is important to get expert legal advice in advance of executing such directives, especially when individuals plan to visit the Cayman Islands for significant periods of time.