The WILL has been the source of fierce discussion regarding the Estate of Marie Stewart. Here it is for review and to inform discussion about a matter the blogmaster takes the opportunity to reiterate needs to be resolved away from the glare of the public. However, precedent has shown oft-times that this will not be the case.
Let us hear what this character jackie says now
After reading this document, to me it could not stand up in Court as valid.
Glaring back at me is the signature. I was told that the signature on a will must match the name on the document. Marie Louise Stewart signed as Marie Stewart. There is no date to Marie Stewart’s signature. We do not know if this is her last will if it is not dated. It does not state her location when this will was signed.
The will implies that money was left for funeral expenses and the testamentary expenses. Why was no ASSENT to the beneficiaries done then?
The attestation only supports seeing the testator sign a will. It does not state that she signed the will of her own free fill. Perhaps this is different in Barbados.
The questions that it leaves me to ponder are as follows:
Who is James Da Costa Odwin? His last name does not seem Barbadian. Does he work at the law firm?
I do not know why there is no signature block since this was prepared by George Payne’s Office. At least his should have a signature block that he signed above.
Can this witness James Da Costa Odwin state in court that he heard Marie Stewart state that she made this will without pressure from anyone? Did he complete an affidavit to this effect that accompanies the will?
How well did James DaCosta Odwin know Marie Stewart to be a witness to her will will? Did he know her well enough to state that she had Testamentary capacity to make rational decisions about leaving her property?
Did he have knowledge of her mental state?
What is puzzling is how could a man who claimed to be a solicitor executed a will which does not say what any of the assets are. I cannot quantify all.
The will does not state that any lands are part of the property or their location.
Had Glenda Harewood not returned to Barbados, this land would have remained hidden with the sole intent to change ownership by sale.
To me this will was executed in this manner to hide the land.
It is therefore very disturbing that a judge did not give Glenda Harewood relief when she exposed that an unnamed piece of land hidden in a will had been sold.
@ Michelle/Olivia Wellington/George Walton Payne & Co
As I said any FUTURE documents provided in the last blog on BU will ONLY come from crooked George Payne’s office which is where this Fraud originates.
Lo and behold one of the signatures on the Will is from George Payne himself.
The dead mother and 2 dead sisters are not around to verify the authenticity.
I rest my case.
These people have no shame even a dummy can smell a stinking rat emitting from these fraudulent documents. These are a bold faced crooked bumch who need to be locked up
Michelle you are an iliterate fool this validates what Jackie has been saying this iss a piece of crap on paper to steal the estate.
Heather Cole
The date the Will was signed is glaring and it is also glaringly obvious that signatures are to be interpreted and NOT read, and seldom include a person’s full name. Your further comments are similarly arrant nonsense.🤣🤣🤣
@Heather
An individual signs a document based on how they feel comfortable, there is a reason you have a witness. How do you reconcile the Will and what was was attested by Harewood in the Affadavit below? If the Will is forged then let Glenda Harewood produce the real document that was deposited at the registry. A Will is a public document.
Dear Chairman Mia Mottley
De ole man will speak that which i know to be the truth (AND SHALL DO SO UNTIL I GO HOME TO MY FATHER who is the Lord of All Things).
This WILL irrespective of who says otherwise, confirms for me that this was actionned solely to acquire this beachfront land.
What we are seeing here goes back to that question posed earlier about “who will bell the cat?”
We have a pattern of behaviour associated with lawyers in Barbados who are really crooks no different to those 4 young men who stuck up that 55 year old mother at the ATM at Scotia Ban at the bottom of university hill.
…AND KILLED HER!!
Tell me Chairman Mia Mao!
What is the difference?
Is it the velocity that the bullet leaves the chamber and hurtles through the air into soft tissue and organs? Or that worms were left to devour Ermine while Pain and Teets collected a monthly maintenance fee for 20 years?
Is it the fact that as she dies on a Scotia Bank property, without her children to say goodbye to their mother? While Ermine’ s were overseas?
What gives us reason to think its different when Pain & Teets decide that, opposed to ATM “chump change” and a bullet, that they will attack an older woman (than that 55 years old lady) and rob her of $2.4 million ?
Is it the fact that no bullet was used Mia?
Or that, like the victim at University Drive? She still had $$ left in the ATM for her estate like Ermine Atwell has 8 more acres somewhere in BARBADOS?
Mia Amor Mottley THIS IS A CRIME MOST GRIEVOUS AGAINST A CITIZEN OF BARBADOS a thing that is not new to you I am told.
AND IF YOU DO NOT ACT TO ARREST THESE CRIMINALS, YOU ARE AN ACCOMPLICE TO THIS CRIME AS SURE AS IF YOU PULLED THE TRIGGER
@ the Honourable Blogmaster your assistance please with an item for Chairman Mia Mao ZeJong
… still missing something at the top!!!
ITs odd but when I sign I usually date the document, because who knows when I will sign it .This document doesnt seem to be dated by whoever signed. The brackets around the names were done by the same person. Look how endeavour slants up as does marie and st james barbados slants down as does stewart.
Here is an example of deliberate delay in the Barbados courts!!!
Ten years to get an order to make an executor account!!
This is an actual decision in 2007 by Madam Justice Kaye Goodridge when she sat as a High Court Judge.
The application to the court was to order the Executor to give accounts … same type of family and other issues.
It took 4 years to get a determination.
DISPOSAL
[17 The deceased died on 26 July, 1982. The Plaintiff filed her Originating Summons on 14 July, 2003, some 20 years after the death. Having regard to the provisions of the Limitation Act, and in the absence of any evidence to support an
allegation of fraud or fraudulent breach on trust on the part of the Defendant, it is considered that this action for accounts
cannot be maintained.
[18] The Plaintiff’s Summons is dismissed with costs to the Defendant to be taxed, if not agreed.
This decision was appealed by the plaintiff.
It took 6 years to get it overturned, 2013!!
The standard ruse of Security for Costs was used to prevent the Appeal from being heard and had to be overcome.
In 2013 the Court of Appeal said:
[18) In the instant case no steps have been taken to ascertain the extent of the testator’s estate or to distribute it. Counsel for the respondent said that title to certain real property must first be obtained as no title deeds exist and therefore there is no property for which to account. This is an amazing theory! If it were correct it would operate to bar the claims of beneficiaries under a will or on an intestacy even before the extent of the estate was known and that would lead to the absurd result that all a personal representative need do is sit down and wait for the period of 10 years to elapse and then claim the property himself or deal with it in any manner adverse to the beneficiaries or otherwise as he pleases.
[19) In our opinion that is not a correct view of the law. The correct interpretation of sections 43 (a) and 44 is that time only runs against the appellant under section 44 of the Act from the date when the respondent, as executor, is in a position to dispose of the residuary estate.
Disposal
[20] Accordingly, the appeal is allowed, the order of Goodridge J is set aside and the respondent is hereby ordered to render the accounts sought. The appellant shall have her costs of this application to be agreed or taxed certified for two counsel.
But it wasn’t over yet!!!
Leave to appeal to the CCJ was sought by the loser!!!!!!
The Court of Appeal refused.
The problem was having argued that there was nothing for which to account, there was no Right of Appeal to the CCJ!!
That did not stop an appeal to the CCJ for Special Leave to Appeal.
At this point a 192 page affidavit with new evidence was filed!!!!!!!!!!
The CCJ threw the whole blasted thing out!!!
… but, that took another 6 months!!!
One of the same QCs the CCJ cited for abuse of process subsequently in another matter with delay!!
Five years later, the present, no accounts!!!!
Let’s see, 1982 to 2018 …35 years and no accounts!!!
At least the High Court decision was overturned and beneficiaries are not statute barred form asking for accounts from executors … one good point for the Court of Appeal!!.
Which is sensible … the executors are in a position of trust and until they discharge that trust, they are accountable.
So if you accept the role of executor of a will, be sure your motives are honourable and you can do the job properly, otherwise refuse!!
@ Lawson, then it appears that one person signed this entire document. All the capital A’s are the same. The capital E’s have something going on.
@ David, that is what I was told. I will research it later.
How does a lawyer for an estate witness a will and files a will with out dates
The official stamp of certified copy is not dated as to when the will was file
Where on this will can anything be shown as proff as to when witnessess signed off on the will
Look this is a classics case where thieves who were in quick pursuit having their cake and eating it too left some of their droppings behind.
Legal instruments should be precise and specific with an intent of having all i’s and dots cross
Apparently the lawyer or whoever witness this will is highly incompetent or had alternative motives
@David does a will in Barbados have to be notarized?
@ the Honourable Blogmaster
I made a submission just prior to 7.o4 this morning
Grateful if you could retrieve it please
Here is its “visual” to accompany the message to the Leader of the BLP administration who is directly responsible for this matter of PAIN & TEETS since her Attorney General Dale Marshall CANNOT ACT IN PROSECUTING THIS MATTER
Isn’t the will displayed dated 7th March 2006?
When swearing an affidavit, the legal assistant signs and fills in the date after watching you sign.
If the validity is going to be questioned the witnesses to the signature need to be questioned.
@ John good point because the date is clearly not in Marie’ handwriting.
@Heather
There is the certified stamp from the Registrar signifying a true copy seen and lodged with the Registry.
Both signatures are similar.
Notary seal is missing!!!
Why is the witness name not inserted in the last paragraph of the will.
If this document came from a professional office, I must say this document was prepared by a child.
All legal documents when witnessed and signed have a dated time stamp as proff to when the instrument was legally authorised and process
Outside one little date of march 2006
The final process attributes to witness signatures where there is no legal dated stamp
Legal instruments are precise and specfic in all areas of authorisation for good reason to secure the document from fraud or tampering
As in this case the Will has shown signs of deception especially to hid when authorisation actually occurred
The instrument was not prepared by a child but by someone or persons with deceptive motives using an illegitimate instrument to hide and transfer property
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Inheritance and transfer of real estate in Barbados on the death of the owner
by Annette Linton, Senior Associate, Clarke Gittens FarmerClarke Gittens FarmerWhen the owner of real estate dies two main questions are often raised in relation to the real estate:
First, who inherits the real estate on the death of the owner?
Second, how is the real estate transferred to the person who inherits it?
This article provides a general outline of who stands to inherit real estate in Barbados when the owner dies and the steps that must be taken to transfer ownership of the real estate to the persons who stand to inherit it.
WHO INHERITS?
When a person owns real estate in Barbados in his name alone, the persons who stand to inherit the real estate on the owner’s death are determined either by the owner’s will or by the rules for distribution of assets on intestacy set out in the Succession Act.
Where a person co-owns real estate with another person, how the real estate passes on his death will depend on whether he owned the real estate jointly with the other person or if the real estate was owned by them as tenants in common.
Property owned jointly automatically passes to the surviving joint owners when one of the original joint owners dies. No share or any interest in the property forms part of the deceased’s estate. Therefore, no one stands to inherit any share of that property from the deceased’s estate.
Where persons co-own property as tenants in common, each person owns a distinct fractional share in the property e.g. a half-share. When a tenant in common dies his share in the property does form part of his estate and stands to be inherited by the persons entitled under his will or under the intestacy rules.
Inheritance under a willGenerally speaking, subject to certain limitations, a person may leave his real estate to any person he desires under his will, i.e. any family member, a friend, a neighbour, companies, charities, churches or any other beneficiary.
A will cannot be used to disinherit a spouse, a minor child or a child who is by reason of some mental or physical disability incapable of maintaining himself. The rights of these persons to claim a benefit from the estate of their deceased spouse or parent are protected by the Succession Act.
The right of a surviving spouse to claim a share of the estate
Under the Succession Act:
A surviving spouse has a right to choose to receive a designated share of his or her deceased spouse’s estate instead of taking what is left for him or her under the deceased spouse’s will. A surviving spouse can claim a one-quarter share of the estate (where the deceased died leaving a minor child or a child who is by reason of some mental or physical disability incapable of maintaining himself), or a one-half share of the estate (where there is no such minor or disabled child).
The surviving spouse who intends to exercise his or her right to claim a share in the estate should do so by notifying the Executor or Administrator of their deceased spouse’s estate in writing of his or her intention to claim.
The spouse’s legal right to claim a designated share in the estate takes priority over any devises, gifts or bequests made under the deceased spouse’s will.
The right of children to receive maintenance from the estateWhere a deceased parent has failed to make adequate provision for the maintenance of a minor child or a child who, is by reason of some mental or physical disability, incapable of maintaining himself that child has a right to claim financial maintenance from the deceased parent’s estate.
To exercise this right an application must be made by the child, or by a parent or guardian on that child’s behalf, to the Supreme Court of Barbados for an order for financial maintenance. If the court is satisfied that the deceased failed to make adequate provision for the minor or disabled child, it may grant an order requiring the estate to make a lump sum payment or periodic payments towards the maintenance of the child.
Preparation of a will
While a person can prepare his will himself, an attorney experienced in estate planning and the preparation of wills should be hired to prepare the will to ensure that (1) the will once executed is valid and (2) the devises or bequests made under the will are effective. A will can be wholly invalid or a gift to a beneficiary under an otherwise valid will may fail for a number of reasons:
Beneficiaries may not receive property left to them in a will if the deceased failed to make adequate provision for a minor or disabled child and that child exercises his or her statutory right to claim maintenance from the estate.
Beneficiaries may not receive property left to them in a will if the surviving spouse exercises his or her right to claim a designated share in the estate.
Any gift to a beneficiary or the spouse of a beneficiary under a will is rendered null and void if that beneficiary was an attesting witness to the will.
A gift of property to a beneficiary may fail if the subject matter of the gift, the interest in the property intended to be granted or the intended beneficiary is not clearly identified in the will.
A will may be invalid if it was not properly signed by the person making the will or not properly witnessed.
The validity of a will can be challenged if at the time the will was prepared the deceased was of unsound mind or under duress from or unduly influenced by someone to make the will in certain terms.
The above list is by no means exhaustive and a person intending to make a will should seek legal advice to avoid inadvertently depriving a beneficiary of his or her inheritance under the will.Inheritance on intestacy
Where a person does not leave a valid and enforceable will, the Succession Act sets out who stands to inherit from the estate and the share of the estate the beneficiaries are entitled to receive.
If a person dies intestate leaving:
a spouse and no children or next-of-kin (next-of-kin being the nearest blood relative to the deceased at the time of his death), the spouse takes the whole of the deceased’s estate.
a spouse and no children but next-of-kin, the spouse takes two-thirds of the estate and the remainder is split in equal shares between the next-of-kin.
a spouse and one child, the spouse takes two-thirds of the estate and the remainder goes to the child.
a spouse and children, the spouse takes one-third of the estate and the remainder is split in equal shares between the children.
children and no spouse, the estate is split in equal shares between the children.
neither spouse nor children, the estate is split equally between the deceased’s mother and father and if only one of them survives the deceased, the surviving parent takes the whole of the estate.
neither spouse nor children nor mother nor father, the estate is split in equal shares between the deceased’s brothers and sisters, and if any brother or sister does not survive the deceased that sibling’s children can take the share that their parent would have received.
neither spouse nor children nor mother nor father nor brother nor sister, the estate is split in equal shares between the deceased’s nieces and nephews.
neither spouse nor children nor mother nor father nor brother nor sister nor nieces or nephews, then the estate will be split in equal shares among the deceased’s next-of-kin.
WHAT STEPS MUST BE TAKEN TO TRANSFER REAL ESTATE TO THE PERSONS WHO STAND TO INHERIT?Appointment of Executors or Administrators for the estate
To begin the process of transferring real estate to the person who stands to inherit same, an Executor or Administrator must first be appointed to administer the deceased’s estate.
EXECUTORS
Executors are appointed by a person in his or her will. However, an Executor named in a will must make an application to the Supreme Court of Barbados to probate the will and formalise his appointment. This application is called an application for Letters Testamentary.An attorney should be hired by the Executor to prepare the necessary application and the supporting affidavits that must be filed with the court. The application, the supporting affidavits and the original will when submitted to the court, are reviewed by the Registrar of the Supreme Court. Once the Registrar is satisfied that the will submitted for probate is valid and is the last will of the deceased, a grant of Letters Testamentary will be issued to the Executor.
ADMINISTRATORS
Administrators can only be appointed by the court. The persons entitled to be appointed by the court are in most cases either the beneficiaries under a will, or the persons entitled to a share in the deceased’s estate on an intestacy.An Administrator must be appointed when:
a person leaves a will, but fails to appoint an executor in the will, or when the executor appointed in the will has died, renounced his right to be executor, or is unable or unwilling to act. In such cases the beneficiaries named in the deceased’s will can apply to the court to be appointed Administrators of the estate.
a person dies without leaving a will (i.e. intestate). In such a case, the persons entitled to a share of the deceased’s estate can apply to the court for the appointment, in the following order:
surviving spouse
children
parents
brothers and sisters
nieces or nephews
grandparents
aunts and uncles
The person seeking to be appointed the Administrator of an estate must make an application to the court for a grant of Letters of Administration. An attorney should be hired to prepare the necessary application and the supporting affidavits which must be filed with the court.Where the deceased dies intestate, the persons who apply for the grant of Letters of Administration, must provide the court with evidence establishing their relationship with the deceased e.g marriage or birth certificates.
Administrators (unlike Executors) are required to sign an administration bond and in most cases at least one person must agree to stand as a surety for their administration of the estate. The value of the bond and surety is calculated based on the value of the deceased’s estate.
Resealing of a foreign grant
Where an Executor or Administrator has been formally appointed by the court of another country, that foreign court’s appointment does not give the Executor or Administrator authority to deal with property in Barbados. In order to deal with property in Barbados the Executor or Administrator must apply to the Supreme Court of Barbados to have the grant of the foreign court appointing them as Executor or Administrator recognised by the Supreme Court of Barbados. When this is done, the seal of the Supreme Court of Barbados is affixed to a copy of the foreign grant and the Registrar issues a certificate confirming that the foreign grant was ‘resealed’.
Calling in, taking possession of and managing the assets
Once the relevant grant has been issued or resealed by the Supreme Court of Barbados, the Executor or Administrator can then proceed to administer the deceased’s estate.
They must call in, take possession of and manage the deceased’s assets. In the case of real estate this may involve:
locating all title documents for the real estate;
making sure that all buildings are insured and that adequate security is in place to prevent vandalism;
managing rental properties and collecting rent; or
selling the real estate to pay the deceased’s debts.
Settling the deceased’s debts & liabilitiesThe Executor or Administrator must investigate and settle all of the deceased’s legitimate debts and liabilities before he can distribute property to beneficiaries. The process of investigating and settling the deceased’s debts and liabilities includes:
Advertising for creditors in newspapers and the Official Gazette.
Selling property, including real estate, if necessary to provide funds to pay the deceased’s debts and liabilities.
As funds become available, paying outstanding sums due to the Government, discharging any bank or private loans and settling any judgments or outstanding bills.
Submitting an estate account to the Inland Revenue Department, settling any outstanding sums due to Inland Revenue and obtaining a Tax Clearance Certificate stating that all taxes due to Inland Revenue have been paid.
Paying off any administration costs. This will include reimbursing the Executor or Administrator for any out of pocket costs properly incurred by him in the course of the administration of the estate and paying legal and any other professional fees incurred during the course of administration.
Transfer of property to beneficiariesAfter the payment of the deceased’s debts and liabilities, the Executor or Administrator can then proceed to transfer the remaining assets to the beneficiaries.
To complete the transfer of real estate to beneficiaries, the Executor or Administrator must execute the appropriate document of transfer. An attorney should be hired to prepare this document.
The transfer of real estate to a beneficiary of an estate is exempt from Property Transfer Tax and only a nominal stamp duty of $50 BBD is payable on the transfer.
If the real estate is subject to a mortgage or any other charge, the Executor or Administrator should obtain a release of that charge prior to the transfer to a beneficiary. If the Executor or Administrator fails to obtain the release prior to the transfer, the beneficiary will take the real estate subject to the existing charge.
If the deceased was not resident in Barbados at the time of his death or the beneficiary is not resident in Barbados, an application must be made by the Executor or Administrator to the Exchange Control Authority of the Central Bank of Barbados for permission to transfer the real estate to the beneficiary. A transfer made without this permission is invalid.
Once the necessary document of transfer has been signed it should be recorded or registered at the Land Registry. Following this all documents of title to the real estate should be delivered to the beneficiary.IN CONCLUSION
Each estate has its own unique circumstances, complexities and issues, and in certain cases additional steps may have to be taken to transfer real estate to the beneficiaries. It is not possible to cover all of the scenarios that can arise in relation to the transfer of real estate to beneficiaries in this article. If you are a land owner making a will, the executor or administrator of an estate, or think you may be entitled to inherit real estate from a deceased person’s estate you should retain an attorney to advise you.
Clarke Gittens Farmer is a commercial law firm, providing legal services for both domestic and international corporate and private clients. The firm has a reputation for high quality work in property, banking, corporate, commercial and business law areas. The firm is the Barbados member of Lex Mundi, the world’s leading association of independent law firms.
The information provided in this article is not comprehensive and is not intended to constitute professional legal advice.
© Clarke Gittens Farmer
All rights reserved
@ Mariposa
It could also be done through a consortium or crooks in a loop Mariposa where the lawyer and the witnesses and the notary public are part of a closed loop that is accustomed effecting this type of crookedness
Unfortunately for a specific lawyer the documents and will will were signed after 3 doctors declared the party non compos mentis.
This is why this matter is soooooo very serious and why Mia Mottley wants it to go away as do close to 500 lawyers in Barbados @ today.
I promised to give the ladies a brief on what to do.
1.Send letters to every one of the agencies in Barbados as per this matter. Rather let me rephrase send individually crafted matters to each one of the pertinent agencies in barbados pertaining to this matter and seeking a response
2.have each letter notarized and make sure that your use a proxy address as your return address
3.letters to include but not be limited to The Prime Minister, The Commissioner of Police, The Registrar of Court, the Chief Justice, The Governor General, The Attorney General, Pain and Teets the whole six yards.
4.Single page ONLY & EACH LETTER IS TO BE CRAFTED FOR A SPECIFIC AUDIENCE e.g. for the police you will be reporting a crime of “x”, for the registrar you will be requesting “y”. THe Prime Minister asking for her kind assistance with “z” This is a very simple exercise
5. cc the document to every one of the others
What will happen is that you will get a notice from each one of them that they have received the document and are investigating the matter.
Expect those responses to take 3 months.
Ohhhhhhh i forgot to mention that you need to send copies of your matter to
(i).the CCJ and
(ii).a copy to the Inter-American Commicssion of Human Right at the Organisation of American States 1889 F Street NM Washington DC 20006
You need a trail because ultimately you need to show that your official enquiries have been systematically defeated by the Barbados Court system along the way.
This is not going to be an easy ride but if you are prepared for the journey and have waited 20 years? then what is a few more years.
Your only friend is the court of public opinion and the fact that in the process you will cause the SEO mechanisms of the internet to feature PAIN & TEETS among the first googled returns on corrupt lawyers etc.
It is going to have a fallout against other Bajan lawyers as well but at the end of the day you will have “bell(ed) the cat” but not in the way Bajan lawyers would like.
Remember the ole man’s mantra “… But the other said, Let it be neither mine nor thine, but divide it…”
I have found that with these beasts that they only understand that type of bestial reasoning when it hurts them in their pockets all else is a waste foop
But then again you dun understand what the ole man is saying with the 30-0 Stoopid Cartoon campaign dont you? heheheheheheheh
Preparation of a will
While a person can prepare his will himself, an attorney experienced in estate planning and the preparation of wills should be hired to prepare the will to ensure that (1) the will once executed is valid and (2) the devises or bequests made under the will are effective. A will can be wholly invalid or a gift to a beneficiary under an otherwise valid will may fail for a number of reasons:
Beneficiaries may not receive property left to them in a will if the deceased failed to make adequate provision for a minor or disabled child and that child exercises his or her statutory right to claim maintenance from the estate.
Beneficiaries may not receive property left to them in a will if the surviving spouse exercises his or her right to claim a designated share in the estate.
Any gift to a beneficiary or the spouse of a beneficiary under a will is rendered null and void if that beneficiary was an attesting witness to the will.
A gift of property to a beneficiary may fail if the subject matter of the gift, the interest in the property intended to be granted or the intended beneficiary is not clearly identified in the will.
A will may be invalid if it was not properly signed by the person making the will or not properly witnessed.
The validity of a will can be challenged if at the time the will was prepared the deceased was of unsound mind or under duress from or unduly influenced by someone to make the will in certain terms.
The above list is by no means exhaustive and a person intending to make a will should seek legal advice to avoid inadvertently depriving a beneficiary of his or her inheritance under the will.
Payne says he is an accredited solicitor(interpreted by some not to be true) if he believes and true to the wording of law to which he is bound and required
Why are Paynes actions seemed to be representative of illegal actions
Why is the Will now being presented does not show an accurate presentation of a legal document
The Stewarts have openly stated that the documentation presented is fradulent
However when looking at the Will it is hard not to agree with them
@Heather Cole September 9, 2018 1:49 AM “Who is James Da Costa Odwin? His last name does not seem Barbadian.”
Ahh. But Odwin, even though unusual IS A BARBADIAN name. I know several personally, although I don’t know James. The Odwin’s are from north eastern St. James as a check with a Barbados telephone directory will reveal.
St. Silas, Baywoods, Orange Hill, Whopping are all adjacent villages in north eastern St. James.
The Executor or Administrator must investigate and settle all of the deceased’s legitimate debts and liabilities before he can distribute property to beneficiaries. The process of investigating and settling the deceased’s debts and liabilities includes: Advertising for creditors in newspapers and the Official Gazette.
Selling property, including real estate, if necessary to provide funds to pay the deceased’s debts and liabilities.
+++++++++++++++++++++++
So what were the just debts of the estate?
What period after the advertisements needs to pass before a creditor loses the ability to claim against the estate?
What is the date on the Letters Testamentary?
Can a creditor come forward now?
… and …
Does the sale of real estate apply to property specifically bequeathed?
The Will is poorly drafted because it does not delineate who gets what. For Jackie Stewart to take to the airwaves and give the impression that her mother owned a piece of beach land is erroneous and deceptive.
In response to Ms. Cole, Marie Stewart lived on a small pension and had no cash assets. As far as Marie Stewart was concerned she was leaving a decrepit old house and some land to her three daughters. For years she had angst over the fact that she had no deeds and fretted because without leads she could not borrow against the land to make needed repairs. Glenda Harewood paid for her mother’s funeral in full. Glenda has acknowledged that she received a copy of the Will when her mother died 12 years ago. It was incumbent on her to keep tabs on her sister and demand updates. Personal responsibility appears to be lacking and it is always easier to cast blame.
Jackie Stewart is now making a situation worse as paper trails will demonstrate that her interpretations are based on emotions, self-interests and ignorance. Her gaslighting and manipulating of her mother borders on Elder Abuse as she is giving her advise outside of her scope and she is not heeding a ticking clock and getting the professional legal counsel Ms. Harewood needs and deserves. The United Kingdom is full of excellent law firms where Ms. Harewwod can obtain adequate, un-biased counsel that will apprise her of her standing.
The executrix has obligations to settle estate expenses. Why has Stewart/Harewood not try to have the full Estate matter resolved? Why become stuck on one piece of the puzzle?
In 2013 the Court of Appeal said:
[18) In the instant case no steps have been taken to ascertain the extent of the testator’s estate or to distribute it. Counsel for the respondent said that title to certain real property must first be obtained as no title deeds exist and therefore there is no property for which to account. This is an amazing theory! If it were correct it would operate to bar the claims of beneficiaries under a will or on an intestacy even before the extent of the estate was known and that would lead to the absurd result that all a personal representative need do is sit down and wait for the period of 10 years to elapse and then claim the property himself or deal with it in any manner adverse to the beneficiaries or otherwise as he pleases.
[19) In our opinion that is not a correct view of the law. The correct interpretation of sections 43 (a) and 44 is that time only runs against the appellant under section 44 of the Act from the date when the respondent, as executor, is in a position to dispose of the residuary estate.
Appeals to the CCJ were exhausted so this stands.
In this case the appellant was a beneficiary.
What happens with creditors?
Marie Stewart lived on a small pension and had no cash assets. As far as Marie Stewart was concerned she was leaving a decrepit old house and some land to her three daughters.
++++++++++++++++++++
What were her just debts at the time of her death?
Affidavit of value and accounts??
I have dated documents and then signed them several days after in the presence of a witness. In that case I wrote the date after my signature.
It would have been best if the document had dates associated with the signatures
There is the theory and then there is practice. The subsequent documents posted by the blog master are considered as illustrative and theoretical.
@John
Are your questions what Jackie Stewart should be asking and pursuing?
Glenda Harewood needs to sit with a lawyer at an upscale London law firm with her son whom I am told is educated and be advised as to her legal rights and all of the legal steps needed to rescue her estate. She needs to be severed from her daughter who is very poor counsel and who could not possibly be acting in the best interest of her mother.
When my own mother did her estate planning, the lawyer insisted on sitting with all of my siblings and then with my mother alone. We were told how her estate would be divided and contingencies were made for each of us in case we pre-deceased her. .
TheOGazerts
September 9, 2018 10:58 AM
I have dated documents and then signed them several days after in the presence of a witness. In that case I wrote the date after my signature.
It would have been best if the document had dates associated with the signatures
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Good point.
Won’t work with affidavits sworn before legal assistants at the Registry but can see how such an event could occur in other instances.
…. but then if we could see the top of the will so we knew who prepared it and it happened to match one of the witnesses signatures, then the witness and the person who prepared the document would be verifying the date.
@John, will post as soon as I receive. Requested from a family member.
@Hal
Are your questions what Jackie Stewart should be asking and pursuing?(Quote)
I have no questions relevant to this legal matter.
Tending to believe Olivia.
In several posts she has suggested that the Stewart’s get legal advice.
Olivia damages her argument when she brings in extraneous matters( e.g. elder abuse) that cannot be proven.
Stick to the facts.
Directed at John.
John has been excellent
I am learning from him
This matter is being argued by a few here all over the place. We have issues that support incompetence, unethical behaviour, illegality, negligence, ignorance, questionable. We have to be careful to delineate the issues to avoid obfuscation whether by accident or design.
Olivia Wellington
September 8, 2018 8:49 PM
@ John, I will post all of the itemized bills so that all may see the running account. Personally speaking, a bank loan would have been less expensive, however, this Estate had serious title issues stemming from Mr. Holder’s lifetime.
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Was the estate of Ellsworth Holder settled?
Were all of its liabilities settled?
Could the assets move to Marie Stewart if that estate was not settled?
Who was the executor of the will of Ellsworth Holder?
That Will is a clear forgery…clear forgery from PAIN’S crooked office….the TESTATRIX HAD FIRED GEORGE PAYNE and was not speaking to him..
The only elder abuse was PAIN and TEETS claiming to be Ermine’s personal and legal representatives and they both neglected her wellbeing..
But who told forked tongue fraudulent Olivia that has not already been done, and why she wants to dictate who the living beneficiary should have with her at a law firm…..when Jackie his HER daughter..mind your business..
witnesses are paid to sign forged Wills all the time…AND some people’s name appear as witnesses and they never signed as witnesses..the same person witnessed this Will as 2 different people..PAIN should be in prison..the intent was not to describe the amount of property in the Estate…sell everything through the back door…so at the end it could be said there ws no land involved…
PAIN prepared and signed that Will himself …the Testatrix hated him because she caught him stealing her land…and he waited for her to die and forged a Will in her name..that is what the stinking lawyers on the island do..not one of them from parliament back down sees anything wrong with this crime and they involve their employees and as many others as they can to steal from old people/.
PAIN exposed his own forged Will…he forged the Will and then signed as himself and as a witness, the criminal criminal..he forged the Testatrix’s signature also..
..why is this piece of lowlife scum a government minister getting a taxpayer funded salary…why?
That FORGED WILL…will hang PAIN in any international court…
There was no description of the property(ies) like one finds in ALL WILLS and CONVEYANCES..
I am here wondering who the attorneys at law for the purchaser of the land at Weston could be.
Olivia, do you know?
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