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Showing posts with label Bail in Trinidad and Tobago. Show all posts
Showing posts with label Bail in Trinidad and Tobago. Show all posts

Sunday, 18 December 2011

Creating your own Will

Q: Can I make my own Will?



A: Yes, you can, but you must understand the laws regarding Wills and you MUST ensure that the Will meets the legal requirements in order for it to be valid. Therefore, I would recommend having someone with legal knowledge prepare your Will.
In Trinidad and Tobago, the laws regarding Wills are enshrined in the Wills and Probate Act - Chapter 9:03.


Capacity
The Testator (person writing the Will) must be 18 years old or over and of sound mind, memory and understanding.

Intention
There must be clear intention to dispose of the property. If a Testator is unduly influenced (coerced or pressured) or forced into making the Will, a Court may set it aside. Similarly, a Court may set aside all or part of a Will if the execution of a Will was obtained by fraud or if it was forged after the person’s death.

Signature and Attestation
In the majority of cases, a Will must be in writing for it to be valid, although there are certain exceptions to this general rule. It must also be signed by or on behalf of the Testator, and the signature must be made in the presence of 2 witnesses present at the same time.

Sample Attestation Clause:
We, the undersigned Testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:
(1) that the Testator executed the instrument as the Testator's Will;
(2) that, in the presence of both witnesses, the Testator signed or directed another to sign for the Testator in the Testator's presence;
(3) that the Testator executed the Will as a free and voluntary act for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the Testator and of each other, signed the Will as a witness;
(5) that the Testator was of sound mind when the Will was executed;
(6) that to the best knowledge of each of the witnesses the Testator was, at the time the Will was executed, at least eighteen (18) years of age.

Alterations
Any alterations made to a Will after it has been executed, will not be valid unless the alterations have been duly executed (meets all necessary requirements listed above).


Q: What happens after death?

A: Probate is a process by which a Will of a deceased person is proved to be valid. Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid Will. A probate court decides the validity of a Testator's Will.

A Probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.

Sunday, 2 October 2011

Getting bail in Trinidad and Tobago

Q: What are the laws concerning bail?



A: Human rights jurisprudence is interdisciplinary and its advocacy is a universal phenomenon. Human rights encompass civil and political rights as well as economic, social and cultural rights. One right recognized in human rights jurisprudence as pivotal in the promotion of a criminal justice system that satisfies international human rights standards is fair trial, which includes the right to bail. The institution of bail traces its origins to international conventions that protect and guarantee the fundamental rights of the individual to liberty, the presumption of innocence and the due process of the law.

In Trinidad and Tobago, the relevant legislation concerning bail is the Bail Act 1994, Chapter 4:60, which instructs:

5. (1) Subject to subsection (2), a Court may grant bail to any person charged with any offence other than an offence listed in Part I of the First Schedule.
(2) A Court shall not grant bail to a person who is charged with an offence listed in Part II of the First Schedule and has been convicted on three occasions arising out of separate transactions—
(a) of any offence; or
(b) of any combination of offences, listed in that Part, unless on application to a Judge he can show sufficient cause why his remand in custody is not justified.
(3) In calculating the three prior convictions referred to in subsection (2), only those convictions recorded within the last ten years shall be taken into account.

First Schedule
Exceptions to Person Entitled to Bail
Part I
Circumstances in which Persons are not entitled to Bail


Where a person is charged with any of the following offences:
(a) murder;
(b) treason;
(c) piracy or hijacking;
(d) any offence for which death is the penalty fixed by law.

Part II
Circumstances in which Persons MAY BE entitled to Bail


(a) trafficking in narcotics or possession of narcotics for the purpose of trafficking;
(b) possessing and use of firearms or ammunition with intent to injure;
(c) possession of imitation firearms in pursuance of any criminal offence;
(d) rape;
(e) sexual intercourse with a female under fourteen;
(f) buggery;
(g) shooting or wounding with intent to do grievous bodily harm;
(h) robbery, robbery with aggravation, armed robbery;
(i) larceny of a motor vehicle;
(j) burglary and housebreaking;
(k) perverting or defeating the course of public justice;
(l) arson;
(m) an attempt to commit any offence listed in this Part or in Part I;
(n) receiving stolen goods.

Re: Section 5(2)- How many times have we read the news where a criminal is granted bail and then below we see an extensive criminal history. Are our Magistrates aware of our three-strike rule? I won't be surprised if they don't because this is a third world country where all kinds of nonsense is allowed to flourish.

We also need reform in making bailable offences directly related to the non-bailable offence of murder, non-bailable. i.e., possession of a firearm, shooting or wounding with intent to do grievous bodily harm and robbery! Reform is necessary!!!!!