The Caswell Franklyn Column – Robbing the Dead

Caswell Franklyn, General Secretary of Unity Workers Union

My fondest wish is that these columns do not only provide an opportunity for me to vent but that they impart useful information to the public. To this end, I would like to share my experiences that could be beneficial to others.

So far two of my friends have trusted me to take care of their affairs after they have departed this world. In both cases they asked if I would consider being the executor of their estates. I felt humbled and honoured that they would consider me for such a sacred role and I accepted.

Unfortunately, in both cases, I have encountered banks doing their best to milk the estates by implementing unnecessary procedures and imposing fees for their work.

Just last month I turned up at a bank, accompanied by my friend’s elderly widow, with Letters Testamentary to close his bank account and hand the proceeds over to her. Letters Testamentary is a document issued by the High Court that authorises the executor of a will to take control of the estate of a deceased person.

I instructed the bank to close the account and pay the proceeds over to the widow. Having passed that way before, I was not surprised that the bank refused. Instead, they claimed that the bank’s procedure required me to open an estate account from which I would be able to make payments, since they did not disburse cash in these circumstances.

I insisted that the Letters Testamentary authorised me to operate that account and demanded legal tender. The bank manager refused to budge, which forced me to complain to the bank’s legal and compliance department. Thankfully, the legal officer resolved the matter almost immediately and I was able to obtain cash, without paying the bank any fees.

The fees were small but as far as I was concerned, the bank had no right to them. I was offended that the bank would try to extort money from the accounts of deceased persons. It is a crying shame that banks would institute unnecessary procedures to rob the dead but they are not alone.

In many instances, deceased persons leave very small estates but legal fees to obtain Letters of Administration would wipe out the greater portion of the estate. But rather than advise their clients to utilise the free procedure available to them, lawyers advise their clients to go through the courts where they can relieve the estate of the few remaining dollars.

When a deceased person leaves an estate valued less than $15,000, there is no need for a lawyer. Subsection 5. (1) of the Public Trustee Act states:

Any person who in the opinion of the Public Trustee would be entitled to apply to the High Court for an order for the administration by the High Court of an estate, the gross capital value whereof is proved to the satisfaction of the Public Trustee to be less than fifteen thousand dollars, may apply to the Public Trustee to administer the estate, and where any such application is made and it appears to the Public Trustee that the persons beneficially entitled are persons of small means, the Public Trustee shall administer the estate, unless he sees good reason for refusing to do so.

Mind you, even when a lawyer applies for Letters of Administration of these small estates, the courts seem to be complicit with the lawyers in relieving poor people of their meagre inheritance. Subsection 5. (6) states:

Where proceedings have been instituted for the administration of an estate and by reason of the small value of the estate it appears to the High Court that the estate can be more economically administered by the Public Trustee than by the High Court or that for any other reason it is expedient that the estate should be administered by the Public Trustee instead of the High Court, the High Court may order that the estate shall be administered by the Public Trustee, and thereupon (subject to any directions by the High Court) this section shall apply as if the administration of the estate had been undertaken by the Public Trustee in pursuance of this section.

The Public Trustee is the person who holds the post of Solicitor General.

145 comments

  • BT

    … and it isn’t only Barbados Farms that works its lands for the benefit of Barbados at a loss to themselves.

    Wherever you look and see fields being ploughed or planted, crops being reaped and lands in order, there you look for the true true Bajans who will subsidize their country at a loss to themselves.

    All the places you see lands lying idle waiting for permissions to develop or bribes to pass … there is where you will find the imitation Bajans and the parasites looking to make a fast buck.

    Just drive around, use whatever sense you have in your head and see who is who!!

    Like

  • @ John
    Don’t you get it yet?

    Of course you are right that right-thinking people are overwhelmed by the idiocy that parades as national leadership in Barbados.
    Of course we are being oppressed with brass bowlery….

    The POINT is that, whereas little fish like Bushie and even the great (talker) Vincent can hardly expect to do anything about it but gripe on BU, ….an entity such as SAGICOR, with its HUGE financial and social clout, SHOULD be able to stamp some common sense back into local political management.

    Same way that Butch Stewart could dictate 40-year tax free status; cut down forests; bring in Jamaican tourism experts and still keep his money offshore, why should SAGICOR not be in a position to FORCE a degree of ethical behaviour, transparency and integrity into local politics?

    If, given all the advantages that they have enjoyed, they are unable to make such a national contribution, pray tell us who the hell should be charged with the DUTY of saving our sorry donkeys? …. Ossie Moore cousin Carl? ….stinking Bushie? …..mock stick Vincent?

    Skippa..
    To whom much is GIVEN…. much is expected.

    Like

  • Sagicor,BS&T,Bdos Light &Power (who never sought a rate increase from 1984 to ’08,)BNB,GEL,all power houses with a local breastplate.Only GEL left and if Sealy the politico has his way,would not be entitled to a decent profit on its operations which are far and wide in the region and the world.Butch on the other hand is allowed to reap a 40 year tax free domicile here and according to Adrian no Cockspur nor Mount Gay in the bar service,bare Appleton….a lovely rum ‘tho,but it has no place in Bim the original rum producer to the world.

    Like

  • Shiite man Gabriel…
    When Bushie grows up, his key wish is to be able to explain complex Bajan matters as succinctly as you so routinely do….

    Like

  • Well Well & Consequences Observing Blogger

    John…all we need to do not is put 4 or 5,000 bajan whites in the fields to work it for free, for 50 years …… that way they can really show some love fir the country, it’s called giving back….

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  • @Well Well & Consequences Observing Blogger April 25, 2017 at 8:18 PM “put 4 or 5,000 bajan whites in the fields to work it for free, for 50 years …… that way they can really show some love fir the country, it’s called giving back….

    Why 50 years? Slavery was practiced by white English people and white Bajans against black Bajans from 1627 to 1838=211 years of reparations are due.

    What 50 years you talking ’bout?

    50 yeas is not even 1/4 of what is due.

    Like

  • Simple Simon April 26, 2017 at 3:46 PM #

    Where are going to put London Bourne and his ilk?

    Like

  • Well Well & Consequences Observing Blogger

    Simple…do you really see any of them lasting 50 years in the hpt sun as red niggers, 2 generations of bajan whites in the fields planting, hoeing and weeding, we already know they are lazy, pretentious, think themselves superior, love to practice racism against the black majority population and are uppity, they will run off to UK, US, Canada, Australia and take maid jobs and garbage collectors jobs first….but they will be in for a shock this time.

    Why ya think John did not reply…lol

    Vincent…are there any descendants of London Bourne alive today, it would be interesting to know their current social and financial state…..if his reputation and financial status as a slave owner benefitted them in any way, or if they devolved into poverty as the descendants of most slave masters did.

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  • Well Well & Consequences Observing Blogger

    Had to make the correction, this is too gopd…lol

    Simple…do you really see any of them lasting 50 years in the HOT sun as red niggers…lol

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  • millertheanunnaki

    @ Simple Simon April 26, 2017 at 3:46 PM
    “Why 50 years? Slavery was practiced by white English people and white Bajans against black Bajans from 1627 to 1838=211 years of reparations are due.”

    Simple Simon, you are a person who likes to set the record straight when it comes to Bajan history.

    A most commendable habit of yours, especially when the revisionists are out in their numbers to blame whites (Bushie’s albinos) for all the sins which previously existed in Bim and are still occurring even after 65 years of adult suffrage and 50 years of so-called independent governance under black politicians most of them descendants of black slaves especially the current primus inter parris, the epitome of such pure lineage in sycophantic subservience.

    Are you aware that after the English settlement the first people who worked the lands were the whites forcibly shipped to Barbados?

    Most of these were captured rebels from civil wars and convicts ‘barbadoesed’ to rid the British societies of their undesirables.

    Are you aware that even well into the 18th Century the white population (the majority existing under ‘slave-like’ conditions) outnumbered the enslaved blacks?

    Haven’t these exploited whites already paid their dues in the hot sun with most of their fast dwindling descendants stricken with their ancestral curse of skin carcinoma?

    Shouldn’t some form of reparations also be granted to the descendants of those remaining poor ‘albino’ souls?

    Or is compensation already being made to them today by the same mentally-enslaved black politicians through the ‘corrupting’ award of contracts to the likes of COW, the baloney boy and the SOL owner especially under the DLP administration in return for a few pieces of blackened electoral silver?

    Haven’t black administrations betrayed the cause of any call for reparations by selling out their black masses?

    In modern Barbados now pray tell us who are those who will be ‘buying’ for a song the same State-owned assets and receiving all the big contracts?

    The blacks who are still paying for their ancestors original sins in West Africa for selling their own for mirrors, trinkets and booze?

    Or is it those same ‘albino’ people whom you would like to see pay for their ancestors sins by revengefully working them like slaves in the hot boiling Bajan sun?

    Where is that electoral promise to ensure small businesses (mainly black-owned) get their 40% share of all government contracts?

    It’s time you stupid blacks stop blaming the white people and look into the mirror. Don’t you think so, SS?

    Uncle Tommy Miller living in albino land!

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  • quit using double negatives

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  • Well Well & Consequences Observing Blogger

    Miller…ya may have missed it but through the jackasses in parliament, the minorities have been taking their reparations by the hundreds of millions of dollars from treasury and NIS pension, for over 30 years…but from the black population, who if you remember did not have any of them or their ancestors living under slavelike conditions………again, this has been allowed by stupid politicians and ministers.

    Like

  • Well Well & Consequences Observing Blogger

    Did you have a hard night Lawson…lol

    Like

  • its only your dunce canadian lover that has soft wood issues

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  • Well Well & Consequences Observing Blogger

    Lol…ya real touchy today.

    Like

  • @millertheanunnaki April 27, 2017 at 5:47 AM “It’s time you stupid blacks stop blaming the white people and look into the mirror. Don’t you think so, SS?”

    Dear miller etc.

    Regretfully I cannot answer your many questions since I am not stupid.

    Like

  • @lawson April 27, 2017 at 6:15 AM “quit using double negatives”

    get lost you old racist you.

    Like

  • @Well Well & Consequences Observing Blogger April 27, 2017 at 9:49 AM “Did you have a hard night Lawson…lol”

    lawson is waiting on his pension cheque so that he can renew his ED prescription, so no he did not have a hard night.

    Like

  • Simple Simon

    Any thoughts yet on London Bournes position in Bims History.

    While you are thinking on that one what about the continued discrimination between the progeny of the house vs the yard vs the field slave……more than likely based on the original aristocracy of the slaves family when captured and sold by another tribe or their own family.

    Miller has a point worth pursuing as many Pelau’s/Dougla’s are the offsprings of slave and indentured,yet no recognition of this section of our forefathers/mothers.

    Ah can see yuh scratching yuh head as this slave thing aint that simple….pun intended

    Like

  • millertheanunnaki

    @ Simple Simon April 27, 2017 at 12:00 PM

    We know you, SS, are not stupid that is why we would ask you just a few ‘simple’ questions:

    How would you go about ‘demanding’ “211 years of reparations”?

    And in which form would you be demanding the reparations be made by that fast disappearing species called Bajan whites?

    How about going to the church you inherited from them and pray to their god for them instead of wanting to banish them to the imaginary cane fields for 211 years?

    Do you expect those sycophantic people you elect as leaders in the local Parliament and aping Westminster whites to be so bold as to ever ask the British politicians or the Royal family to their faces for reparations?

    Would you also be demanding reparations from your West African brothers and sisters whose ancestors sold your ancestors to the albinos in the first instance?

    Like

  • If by ED you mean extra dalwhinnie you got that right. Off to the bars to get primed for Melnyks senators kicking ass. You better head over to Berts to see all the ranger fans crying ..get one of the daiquiris give your tongue a sleigh ride.

    Like

  • Well Well & Consequences Observing Blogger

    Miller….Simple knows she need not worry about bajan whites they are disappearing anyway…becoming extinct….400 years and there are still less than 8,000 on the island, they are all but extinct, if ya count the ones that migrated after 1966… ya still cant get 20,000.

    It’s the idiots in parliament really the problem, bunch of slave minded buffoons.

    Lawson….it’s your boyfriend trump, yours and Chad’s doing crap and have everyone on edge, he is just stumbling around picking fights…..he will soon come for your pension…he aint done yet…lol

    Like

  • CUP Violet Beckles Plantation Deeds from 1926-2017 land tax bills and no Deeds,BLPand DLP Massive land Fruad and PONZ

    David April 23, 2017 at 3:10 PM #

    Sagicor redomiciled to Bermuda because it has a more stable sovereign risk rating than Barbados. As you know our rating is junk.

    JA@@@@

    Sagicor might try the same land fraud investment there and that ntation will also end up like Barbados, for they are the same as CLICO and Jennifer King the crook lawyer,These two companies in Backed by lawyers and high Court crooks working on the inside,with the hlep of FIRST CARIBBEAN BANK AND CIBC NEW OWNERS

    Like

  • CUP Violet Beckles Plantation Deeds from 1926-2017 land tax bills and no Deeds,BLPand DLP Massive land Fruad and PONZ

    John April 24, 2017 at 5:19 PM #

    The reincarnation of The Mutual as Sagicor is alive.

    CLICO is dead!! @@@@

    wE ALSO question the land owenrship of COW , Clico and Sagrico in Barbados, you may re write your post if freedom of information was at the Archives to see the Plantation owners and what was sold or held and money taken by these compaines , PONZI and Land Fraud,

    Like

  • NorthernObserver

    WW&C… your numbers maybe high. I suspect from my visits, the lighter toned persons living in Bim, maybe ex-pats in the majority (to use your terminology). And I mean they come from all-about, they were not born in Bim nor grew up there.

    One day soon, the favourite poster boys like Cow, Bizzy, Bjerkham will be dead. Then a new crew will have to be found? It plays well across all sectors, as focusing on them deflects from others.

    Like

  • NorthernObserver April 27, 2017 at 4:53 PM #

    One day soon, the favourite poster boys like Cow, Bizzy, Bjerkham will be dead.
    ……………………………………………………………………………………………………..

    Chuckle…..you are so right

    Back in the day it was the Alleynes,Bowrings,Sealy,Haynes,Dowding,Challenor,Manning,etc,etc…..a mix of old and new money at that time……..they disappeared….members of Royal Yacht Club.

    Then you have the new boys on the block above and some more,self made from nothing…..who back in the day would not be accepted in the Royal Yacht club.

    Who will be next…….note each evolution changes the pigment and background……one thing all will have in common is a virulent dislike by a few for whatever reason.

    Like

  • Well Well & Consequences Observing Blogger

    Northern. ..not even I want to invest in Barbados, so don’t hold your breath for the replacements unless they are crooks, the electorate has to keep the pressure up, high up on the politicians/ministers to stop that crap….

    ….and to make matters even worse, the arrogant, dishonest lawyers will not want to change their dirty ways, the supreme court will remain a hot, disorganized mess….no one wants to be involved in that type of scenario except for criminals and crooks….word will spread investors with real money will avoid the island….a lose, lose.

    Like

  • Invest in barbados ??? I have said this before if you think toronto or vancouver realestate is out of whack try buying a decent house on the island a bunch of concrete blocks with pex and minimum electrics and it is crazy money.

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  • Vincent,
    I know it is now the popular view, but traditional black Barbadians, ie descendants from slavery in the main, and traditional white Barbadians, ie descendants from indentured labour in the main, must reach a compromise and work together. I remember a white professional traditional Barbadian telling me that he would like to enter elective politics but was not sure if he would get support. He should, if his ideas were good ones.
    As long as this stand off continues, the New Barbadians will sweep in and take over the country: the Trinidadians, the Indians, the Pakistanis, the Brits, the Canadians, the Irish, and others.
    They have no love for Barbadians, black or white. I remember a few years ago while at Holders Hill with a Scottish friend whose wife was engaged for the season, hearing a young English girls from Kent saying that he ‘hated’ (her word) white Barbadians. It was an outburst following harassment from a white Barbadian man who made the assumption that they were all white together.
    It is convenient sitting in Europe and North America pretending that we can dissect the social breakdown in Barbados. The reality is different|: traditional white-owned businesses have failed; the black, middle class, professional elite has failed; the conventional organised labour organisations have failed. And corporatist nonsense about ISO is pie in the sky.
    We need a new form of politics.

    Like

  • Obviously you will now go on to tell us exactly what we need as a ‘new form of politics’ …
    …right Hal?

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  • Bushie,

    The people and their leaders must decide. It is not for me to say. That is what we call Leninism.

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  • Hal Austin April 28, 2017 at 7:31 AM #

    Cannot disagree with anything you stated above.

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  • Hal
    A new form of politics?give us an example of what you have in mind

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  • Gabriel,
    Can’t you read, or is it that you like an argument. I suggest you Google it as yo often do. In simple English, it is not my call. Do yo understand?

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  • LOL @ Hal
    Boss … tek it easy nuh!!!

    How you mean ‘the people and their leaders must decide?” Who have been “deciding” over the past 50 years…? Martians?

    What YOU said was that “a new form of politics is needed”. When asked ‘such as what?’ … you slap in a reverse gear…?

    Man come with an example /explanation of what you mean … or forever be associated with Carl Moore …as a NATO representative (No Action, Talk only…”)
    Ha ha ha
    LOL

    Like

  • Caswell Franklyn

    The last thing we need is a new form of politics operated by the old crooks. That would be corrupted just like the system that we have now.

    We need enforcement to fix the system that we have now. And we need to see a few familiar faces peering through the other side of the bars at Dodds.

    Sent from my iPad

    Like

  • @ Caswell
    So what problem would you have with a totally new system which was structured such that the crooks were automatically exposed by transparency, where ordinary folks had the RIGHT to all informations on contracts etc; where an oversight group of ordinary folks had the POWER to override the big bosses…?

    There may be some systems that cannot be changed by enforcement, since the system itself is built around the exercise of power, and hence ‘enforcement’ is by definition … The System.

    …you done know where Bushie going too…. 🙂

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  • Caswell,

    You are wrong. A ‘New Politics’ with the old actors is not new; Bushie, like it or not, when an individual imposes his/her views on a society we call that dictatorship; when he/she imposes the party, we call that Leninism.

    Like

  • Caswell Franklyn

    Hal

    I am wrong because you said so? Hahahaha!

    Sent from my iPad

    Like

  • Hal
    Your prescription of a ‘new politics’.Of what is it compounded?

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  • Bushie, like it or not, when an individual imposes his/her views on a society we call that dictatorship; when he/she imposes the party, we call that Leninism.
    ++++++++++++++++++++
    Are you saying that when someone imposes his will on the party that in Leninism? …or that when someone imposes the PARTY on society, that is Leninism?

    Does Leninism not require someone to impose his will on society …VIA the party?
    …what if, in “imposing the party” on society, the party’s views were representative of society’s desires?

    Surely, Leninism requires a predisposition, and almost fanatical commitment, to communism as a national philosophy to begin with…

    Like

  • years ago there were workers coming into neighborhoods encouraging people to pay life insurance. People would pay life insurance, then the company would close down, and open in a different name. Its better to put your money on the bank. Living spouses or families should open a joint account, so if one die, the other person could withdraw the money. They always robbing the poor, because they know poor people are mostly uneducated and illiterate.

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  • I knew a woman, when she have money she would dress in dirty clothes, an old hat, and worn out shoes. She would go and deposit money on her account. The reason she dress like that is because she didnt want people knowing she have money. The clerk would take the money, and say she deposited 400 dollars. The clerk would write on the receipt 4.00. The woman wont know the difference, because in her quest to trick people she dont have money. The clerk tricked her. That clerk must be had an expensive lunch, and a good shopping spree, thanks to this illeterate idiot, who took her daughter’s money she sent to pay for her land, and this woman let the bank clerk trick her

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  • Nanci,

    Insurance companies stealing from policyholders and people taking out policies and then surrendering them is a big insurance scam.
    In the business many insurers are measured by the number of new policies they write; while people surrendering policies do not get any returns.
    It is a scandal; but in a culture where civil servants are appointed as regulators and supervisors, while totally ignorant of the business, you would expect this.
    I still say we should look again at the Mutual so we can learn lessons. Motor insurers are also a big scam.
    Unlike life insurance, motor insurance is compelled by law; you cannot drive on the highway – or should not – while uninsured. It is like taking candy from a baby for these companies.
    We shout and scream, but wallow in our own ignorance. The is the Bajan style.

    Like

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