Section 34 Privy Council judgement

The judgement by the Judicial Committee of the Privy Council in the conjoined matters of Steve Ferguson, Maritime Life (Caribbean) Limited and others & Ameer Edoo v the AG of Trinidad and Tobago was delivered on 25 January 2016. Here's a copy.

Joint Tenancy v Intestacy

Q:
Hello,

My intestate father died leaving his estate. Although you informed me that his wife gets half and the children the other half; if his properties were Joint Tenancy with his wife, are the children still entitled to half his estate?

Thanks,

Curtis

 

A: 

In a joint tenancy, intestacy rules do not apply. Instead, we must rely on the “right of survivorship”. Survivorship means that when a Joint Tenant dies, his/her heirs have no claim in the property because the property is left for the surviving joint tenants ONLY.

This is usually a problem when a step-parent comes into the picture and s/he doesn't have a good relationship with the children from a previous relationship - those children usually get nothing.

Joining a trade union

Q: Is it possible to leave one trade union and join another? If yes what is the process????

 

A: Section 71 of the Industrial Relations Act 1972, as amended:

Every worker as between himself, his employer and co-workers shall have the following rights, that is to say:

(a) the right to be a member of any trade union or any number of trade unions of his choice;

(b) the right not to be a member of any trade union or other organisation of workers or to refuse to be a member of any particular trade union or other organisation of workers;

All you need it do is stop paying your dues and find out what you need to do to join the other(s).

And if you’re out union shopping, remember to apply the same criteria as when selecting a lawyer (see post on good and bad lawyers).