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CJ Cheltenham questions low bar

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Submitted by Wayne Cadogan

I have to agree with every word Chief Justice Patterson Cheltenham is reported to have said regarding the quality of lawyers that are graduating each year. They are turning out these lawyers in a similar manner to how a car manufacturer turns out cars off a production assembly line.

Fifty to sixty years ago they were no more than about twenty solicitors and the pie was a population of 270 thousand people. The size of the pie is still the same but now it has to be divided among 1500 lawyers or more and still an average of 30 to 50 new lawyers are graduating each year. At this rate, soon there will be one lawyer to every 100 people.

It is no wonder that so many lawyers find themselves before the law court.


See Relevant link:

The University of the West Indies (UWI) Cave Hill Campus has stoutly defended its law programme after Chief Justice of Barbados Sir Patterson Cheltenham questioned the quality of the programme and the lawyers it was producing. 

In response to the chief justice saying the LLB programme was not rigorous enough and was “populated with a lot of super soft options to get people over the bar”, the university insisted that none of the courses offered to law students could be considered “soft”. 


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60 responses to “CJ Cheltenham questions low bar”

  1. Tron Avatar
    Tron

    We have so many lawyers now, I’m afraid I’m coming to my verdict: The lawyer is the 21st century plantation servant in Barbadian society.

    Cheap to have (or not) and easy to replace.

    Tron

  2. Pachamama Avatar
    Pachamama

    Why is RT a KC

    And MAM an SC

    Indeed, if merely a matter of preference, we submit that one is as colonial as possible and the other merely not a junior.

    The opposition appears to be heading in a more conservative direction than those within whose political genealogy one would so expect.

  3. Sargeant Avatar
    Sargeant

    Why not reproduce the Nation’s article of Cheltenham’s speech?

  4. David Avatar
    David

    Chief Justice slams law at UWI

    By Heather-Lynn Evanson

    heatherlynevanson@nationnews.com

    The Chief Justice has lambasted the law programme at the University of the West Indies (UWI), saying it was suffering from “intellectual attrition” and was only interested in “getting people over the bar”.

    He has called for those at the Hugh Wooding Law School in Trinidad and Tobago to “audit” the content of the LLBs (law degrees) coming in and applicants with “soft options” should be sent back to do other courses.

    “If we’re serious, that is what we will have to do, but if we want to be the laughing stock we will continue on the path,” Chief Justice Sir Patterson Cheltenham declared yesterday.

    “I, as Chief Justice, have to have a hard-nosed approach to what is happening up on the Hill and what I am seeing deeply troubles me because it troubles me for the future of my country.”

    He was speaking in the Court of Appeal, as King’s Counsel Leslie Haynes, Larry Smith and Sir Elliott Mottley, along with Deputy Solicitor General Marsha Lougheed, appeared before him in the appeal, brought by the Government, against a judge’s decision which ruled that the Section 5A amendment to the Bail Act was unconstitutional.

    His comments came after Smith threw his support behind UWI.

    Noting that he was “deeply troubled” by the developments, Sir Patterson said the programme was not rigorous enough.

    “The bar for entry does not exist. You walk in. And that is taxpayers’ money – yours, mine and others. It is a place that suffers from intellectual attrition.

    “What I will tell you is that LLB programme is populated with a lot of super soft options to get people over the bar, to say they have an LLB,” the Chief Justice said.

    “The programme lacks analytical rigour which people like myself had to go through to make it.”

    He said important subjects, like Trust, were being “marginalised” and had gone from full lecture halls to sometimes a handful of students.

    “Everyone had to do Trust, or at least elected to do Trust, because it was a foundational course. We passed the test because of the rigorous testing that we were given,” he said.

    Legal cases

    He noted there were law students and some young attorneys who were “proud” to say they had never read a legal case.

    “And this is what troubles us on the Bench, what is filtering out. We’re not worried about the law school. Long before you get to law school you have to come with an LLB. I think the law school should be auditing where these people with the LLBs come from,” Sir Patterson said.

    “You should look at what is the content of an applicant’s LLB and, wherever people have elected to do soft options, you should say to them, ‘Sorry, but this is a professional course. You have to go back to Cave Hill, or wherever, and do the following courses’.”

    He noted the issue had consequences for the development of the country.

    “Twenty, 25, 30 years, when all here have retired, when we are looking for replacements, where do you go?

    “When you have to select from those who say they are graduates, when you’re talking about senior levels – Attorney General, Solicitor General, registrar, judges of the High Court, Master of the High Court. That is why it is such a serious matter,” he said.

    “This is serious business what is happening up there and the public has to know, has a right to know, because they pay. It is the public that pays for up there,” Sir Patterson said, as he stressed it was not a matter of being popular.

    “I am not looking for any seats anywhere but I will speak and if the Chief Justice cannot speak about it, no one else can.”

    Source: Nation

  5. Bush Tea Avatar
    Bush Tea

    From the horse’s mouth…
    Sir Pat is 100% right, but only about 10% effective in outlining the REAL problem.

    The whole ‘Barbados Law illusion’ is nothing but a scam which has been manipulated by Sir Cave Hilary to hold idiotic Local politicians to ransom, while he was raiding our treasury.

    As can be seen from the present crop of miscreants called lawyers, the quality of so-called graduates is not much better than the criminal class – judging from the number of them spending time up Dodds.
    Their propensity to rob their OWN clients and to evade any form of audit of client’s funds held by them is now legendary.

    Brass bowl Bajans have, none-the-less, embraced these low quality impostors and handed them the keys to our treasury and national legislative chambers… and THEN we are surprised that we are broke, IMF-enslaved, and hopeless – wondering if we will be able to afford to buy basic food items…

    But watch this…
    DESPITE this exposé from the HIGHEST RANKING (and most outspoken) member of the local Judicial illusion, Bushie expects that brass bowls will continue to do what topsies do best….

  6. Enuff Avatar
    Enuff

    Folks who don’t even understand Trusts speaking with authority. Lemme siddung do.🤣🤣🤣

  7. Pachamama Avatar
    Pachamama

    Heard parts of Mottley’s speech today. Looking towards hearing Thorne’s reply tomorrow, time permitting.

    It’s with regret that it must be said that it’s highly unlikely that any of the elements, individually or in aggregates, of oppositionists formations ….

    Whether on Africa Bridge on YouTube, even now; or the “unfinished products”, Barrow said so of Harold Chrichlow, now within the DLP; the marches on Saturdays; nor their newly-minted opposition leader; will be able to defeat MAM within a century of Sundays.

    Mottley cannot be beating by these pindling pinpricks of criticisms alone.

  8. David Avatar
    David

    @Bush Tea

    The CJ would have discussed the state of tuition at Cave Hill with the late legal beagle Jeff Cumberbatch you think?

  9. Bush tea Avatar
    Bush tea

    @ David
    Jeff and Sir Pat were / are of similar ilk.
    Professional individuals whose loyalties to warped institutions, compromised their public forthrightness.
    UWI in the case of Jeff, and the BLP with Sir Pat.

    BU gave us a glimpse of Jeff’s INNER qualities, and resignation from office has freed Sir Pat to speak out publicly…. THAT, and being fed up with mediocrity.

    Any way you can think of, where we can free Enuff of the shackles of subjecting inner honesty to political expediency? LOL ha ha

  10. Pachamama Avatar
    Pachamama

    Heard this so-called reverent on Africa Bridge denouncing the blp for meeting with the Chinese Communist Party.

    Think his name was Ferdernand or something.

    For an old man he has a childish fear of communist party officials meeting their democratic-socialist partners. Does he not see interrelatedness of all the formations.

    A fear no doubt imbued by a dirty, red neck, dispensational bent, American-inspired religiosity which has an enduring hatred for anybody refusing to bow at the capitalist altar.

    Where is Eric Williams to tell these relentless assholes about the nexus between capitalism and the slavery of Christianity.

  11. dreamstarworld Avatar
    dreamstarworld

    WOE UNTO YOU LAWYERS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  12. David Avatar
    David

    This exchange between the CJ and UWI is another example of what is wrong. Would it not have made more sense for the CJ and members of his team to meet with UWI team to discuss gaps and create an action plan to address? The CJ is well placed first as a successful attorney and sitting on the high court to feedback on the practical aspects of how lawyers apply their knowledge.

  13. David Avatar
    David

    Instead both sides engaged in infantile exchanges.

  14. David Avatar
    David

    @Enuff

    Are you saying the CJ does not understand trusts?

  15. Bush Tea Avatar
    Bush Tea

    @ David
    Or is it that Enuff is missing the CJ’s point about the basic PRINCIPLES of TRUST that needs to exist between lawyer and client?
    …in which case Bushie’s point about Client Funds would be moot.

  16. David Avatar
    David

    @Bush Tea

    A related point is the sloth in the system which sees Barbadians having to wait six months to a year to purchase a home because many of how many incompetent lawyers in the system operate. The PM and AG know it but they talk around the problem. Another talk shop setup to articulate what is already known.

  17. Donna Avatar
    Donna

    Infantile indeed! I was surprised when the CJ said it in public. I wonder if he has made his case to the UWI and been rebuffed.

    BUT lack of ethics is the elephant in the room. even more so than the lack of knowledge, I think. And ethics courses have to start when diapers are being worn. The character is already formed by university age.

  18. Sargeant Avatar
    Sargeant

    @David
    Yours@5.43 am
    What is wrong is people getting together behind closed doors and nothing gets done. At least agree or disagree with him we know where the CJ stands it’s up to UWI to respond which they have done with both management and alumni issuing statements and UWI promising to rebrand the “Trust” course as mandatory. Noticeably absent from the discussion is the Bar Association which promised a statement in”due course”, presumably it wants to see where public opinion rests before commenting, what a useless group of people they should shut up shop and go home.

  19. Donna Avatar
    Donna

    I have long known that EVERY degree programme at the UWI has been dumbed down to get people over the finish line.

  20. Artax Avatar
    Artax

    David, it seems as though we are ignoring the fact that a person does not ‘automatically’ become a lawyer after graduating with a law degree. The LLB is a prerequisite for admission to a law school, such as Hugh Wooding in Trinidad, Norman Manley in Jamaica or Eugene Dupuch in Bahamas….. to undertake the 2 year legal certificate programme, before being admitted to the Bar. The CJ is essentially suggesting UWI’s LLB programme is not ‘rigorous’ enough to be accepted as a qualifying prerequisite for entry into law school. Hence, his suggestion that Hugh Wooding should ‘audit’ UWI’s law degree programmes.

  21. David Avatar
    David

    @Sargeant

    You missed the point. Pissing at each other in the public does nothing to growing trust between stakeholders, particularly public trust.

  22. Artax Avatar
    Artax

    There are FOUR (4) UWI campuses, Cave Hill, Five Islands, Mona and St. Augustine…… all of which have law faculties. I’ve noticed that whenever UWI is mentioned, Cave Hill campus and Hillary Beckles become the immediate choices as ‘punching bags.’

  23. David Avatar
    David

    @Artax

    We have to give some credence to what CJ Cheltenham has ‘opined’. Hopefully relevant stakeholders will unpack what he has put in the public domain.

  24. The OG Avatar
    The OG

    Will not even get into the meat of the discussion, but will focus one one of the trimmings.

    Once again, we are told that some things should be done with secrecy or in a certain manner. It is time that truth be spoken plainly and loudly instead of going in a building and whispering.

    John Public who will be paying large sums to these lawyers need to know that he/she may be buying an inferior product,

  25. Artax Avatar
    Artax

    ‘Ethics and Citizenship’ was one of my core courses at BCC. Also, I disagree that every UWI degree programme is designed ‘to get people over the line.’ An objective comparison of UWI’s accounting, management, economics, computer science and medicine programmes, for example, with those of several overseas universities, indicate otherwise.

  26. The OG Avatar
    The OG

    I think it is good if our failings are publicly pointed out and discussed. It would be good if others would step up and point out where and what the issues are. I now trot out and old example.

    We became aware of the vaccine scam only because one of the parties sought to scam the other. Without this and with the secrecy of the operation and the success of the scam, we would have been awarding one of the parties national honors and calling him/her ‘the savior’ of the nation.

    I am all for an open discussion and not for folks meeting behind closed doors, issuing a press release and saying “it’s fixed”. Silly old me outside asking ” what was wrong” “what was fixed” or who “was responsible for ordering these vaccines”

    Don’t let yourself get caught up with old talk and defunct ideas. The dinosaurs will drown you.

  27. The OG Avatar
    The OG

    Last note
    I studied at UWI Cave Hill. The rigor and standards allowed me to successfully study elsewhere.

    No need to throw out baby and bath water.

  28. Enuff Avatar
    Enuff

    David

    I suggest you and Bushtea read other opinions.

  29. David Avatar
    David

    The CJ’s point seems to be time related. He seems to be saying there has been a decline in recent years. There comparing to time of study in the 70s and 80s is moot.

  30. David Avatar
    David

    @Enuff

    Right back at you.

  31. 555dubstreet Avatar
    555dubstreet

    Lawyers are in it for the monies i.e. milking clients to the max
    and are not in it to win it for their loser clients.

    Barbados’ system of slow court proceedings is a lawyers wet dream to style it out by doing nothing and create as much money worries pressure damage simply by opening and closing a file once a month to rack up extra large extortionate fees over several years.

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  32. GP Avatar
    GP

    THE IMPORTANCE OF WHAT CHESSY IS SAYING RESULTS FROM HIS VIEW VIA THE RETROSPECTROSCOPE

    HAVING PRACTICED FOR A LONG WHILE HE CAN LOOK BACK AND PERCIEVE WHAT FOUNDATIONAL COURSES WERE NECESSARY TO BE EFFECTIVE & EFFICIENT.

    CONSEQUENTLY, HE CAN OPINE ON THE MATTER.

    WHAT IS REQUIRED IS FOR THOSE OF SIMILAR VINTAGE TO CLOSE RANKS AND ASSIST IN EXPLAINING THE MERITS OF HIS OPINION. HE IS OBVIOUSLY IN AN IDEAL POSITION TO COMPARE THE YOUNGER PRACTITIONERS WHO APPEAR BEFORE HIM, WITH HIS CONTEMPORARIES AND THEIR SENIORS.

    HE IS CLEARLY SEEKING TO ARTICULATE THAT CERTAIN A BC’S AND I 2 3’S AND DOH RAY ME’S OF THE PRACTICE OF LAW MUST BE STEADFASTLY MAINTAINED AND ADHERRED TO.

    SOUND DOCTRINE THAT CAN NOT BE REFUTED

  33. William Skinner Avatar
    William Skinner

    The public has a right to know of any concerns in the dispensation of education because the public underwrites our education. It is generally accepted that UWI has very rigorous programs. However the thousands of universities elsewhere, do have several , that allow for some extremely low standards , that cannot be considered nearer the rigor or level of UWI.
    It is also fair to say, that for many years , there has been some concern about those graduating from UWI, and these concerns did lead to questioning whether the qualifications to enter the university needed to be revisited.
    For too long because of our elitist thinking , we have been reluctant to question those practicing in some fields such as medicine and law. We therefore find it refreshing that the CJ , has chosen to air his concerns regarding, what is essentially a matter regarding how our education is being dispensed. From the Primary to university , our education system needs to be realistically discussed.

  34. David Avatar
    David

    UWI is a regional institution as Artax tirelessly points out.

  35. Donna Avatar
    Donna

    Everybody knows that ethics is taught. Everybody should also know that the foundation of character is built when one is in diapers and shortly after. Ethics courses just inform the student on how to avoid the pitfalls.

    I’m saying that the HOME work is lacking, not the school work in this case.

    As for the general dumbing down, I see all kinds of people that I know getting degrees these days, even with honours. I know these people to be not very smart.

    And in my opinion, judging from the results I see in the real world, education EVERYWHERE has been dumbed down. No reason why we wouldn’t fit in.

  36. John Avatar
    John

    He was speaking in the Court of Appeal, as King’s Counsel Leslie Haynes, Larry Smith and Sir Elliott Mottley, along with Deputy Solicitor General Marsha Lougheed, appeared before him in the appeal, brought by the Government, against a judge’s decision which ruled that the Section 5A amendment to the Bail Act was unconstitutional.

    ++++++++++++++++++++++++++++++++++++++++

    I don’t know about Marsha Lougheed but I do know that Leslie Haynes and Sir Elliot Mottley are no recent UWI graduands or for that matter gratuates!!

    It happened in open court so the transcript of what transpired is available.

    The press needs to publish it.

    What in heaven’s name does Trust have to do with the Bail Act?

    Is he saying that Leslie Haynes and Sir Elliott Mottley do not know anything about Trust however that may have arisen in the case?

    Or is it Marsha Lougheed?

    She is the youngest of the three!!

    https://barbadosbarassociation.com/members_directory.cfm?MemberID=789&PageAction=DetailsLawyer

  37. John Avatar
    John

    Maybe someone stole from a Trust and according to the Theft Act is facing 10 years and is wants Bail.

  38. John Avatar
    John

    This seems to be the offending section.

    Inserted in 2019 by an unconstitutional Parliament.

    … but I can’t find Trust anywhere in it.

    https://www.barbadosparliament.com/uploads/document/052fc2173a4ea7f836e05fee4e7c0926.pdf

  39. John Avatar
    John

    I could see a defendant offset by the 3019 amendment to the Bail Act arguing that parliament and by extension the new amendment were both unconstitutional.

    But here is the problem.

    The appointment of the Chief Justice would also be unconstitutional so he should recuse himself.

    This one is a weird one and we won’t know until we see the transcript.

  40. John Avatar
    John

    Some game or the other is afoot!!

  41. John Avatar
    John

    I think UWI like everyone else does not understand what the CJ said and is having a knee jerk reaction.

    The more I think about it the more I realise we need to see exactly what the CJ said in the transcript.

  42. David Avatar
    David

    Nation newspaper Editorial 20.03.2024


    Room for more law options

    THE CHIEF JUSTICE’s lambasting of the law programme at the University of the West Indies (UWI) Cave Hill Campus last weekend is cause for concern because of how young lawyers may be viewed by their peers.

    While the view of this Cave Hill alumnus regarding “soft option” subjects is noted, the need for more options can also be argued since topics based on gender issues and industrial relations, for example, tend to humanise and harmonise the heavily doctrinal content of areas like tort, insolvency and company law, among others.

    Though the LLB’s (bachelor of laws) 21 mandatory subjects in the first two years, and ten in third year, have at their core the assistance of clients and the community, they are so heavily loaded with doctrine and legalese that the average person often sees the law as being beyond them. Without more than a cursory understanding by the public, especially the poor, marginalised and exploited who should rank highly in the lawyer’s raison d’être, that implicit and unquestioning trust in legal counsel puts them in danger of being further disadvantaged, as many have been.

    A wide gap still exists between the average person and the veteran lawyer who takes comfort in being esoteric.

    Hence the reason why perhaps several Barbadians have been victims of misappropriation of funds, despite the presence of a legal code of ethics.

    Furthermore, it is no secret that those who have perpetrated most of the above crimes are scarcely of recent vintage but tend to be lawyers so entrenched in practice, that relatively young magistrates are sometimes uncertain as to whether to allow these veterans to approach the Bar table or sit in the dock as any accused person should.

    An early grounding

    The Chief Justice’s accent on the Law of Trusts, a third-year optional course, was interesting since he must also be aware of its mandatory precursor, Equitable Remedies, which gives students an early grounding in the roots of trusts, equity and common law. Additionally, the third year Comparative Law course, with its wide analysis of legal systems, has practical use in analysing and seeking to improve our own laws.

    It is also noteworthy that while the LLB is a full-time programme, advice and ‘clinics’ on options can help working students to study more effectively. This is an era where mental illness is a far more present reality than in years gone by, and just as the Ministry of Health and Wellness has focused on mental health at the national level, particularly coming out of the two-year pandemic, the university should not be faulted for seeking to play its part as a responsible institution that balances rigour with academic variety.

    The UWI has fulfilled the first phase of its ten-year strategic plan – reputation building – by being consistently ranked among the world’s top universities by Times Higher Education, and its second phase (2022-2027) – financial self-sustainability – is equally admirable.

    The future of legal practice seems secure, exemplified in the role of regional attorneys in today’s public international law space of territorial disputes; while students acquit themselves well at the International Law Moot Competition, now in its 14th year this month before the Caribbean Court of Justice.

    Like most professions, the law is evolving and should not remain in a rigid and cobwebbed state of esoterica in our region.

  43. David Avatar
    David

    Complaints filed against judges as dozens of cases pass deadline

    written by Emmanuel Joseph

    https://barbadostoday.bb/wp-content/uploads/2023/11/kaye-williams-e1700913862728.jpg
    President of the Barbados Bar Association Kaye Williams.

    By Emmanuel Joseph

    Formal complaints have been lodged against certain judges over their delay in delivering decisions within the time specified by the Constitution, a breach of citizens’ constitutional rights, the Barbados Bar Association revealed on Friday.

    And it has suggested that the complaints could trigger another mandate of the supreme law of the land – the removal of offending judges from office – while scores of cases remain undecided for months and years.

    In a statement provided to Barbados TODAY, the association’s president, Kaye Williams revealed that the Bar is now aware of recent formal complaints submitted by several members concerning specific judges. Each complaint outlines an alleged failure to deliver decisions within the mandated six-month timeframe following the conclusion of trials.
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    Section 84 of the Constitution provides for a judge’s removal from office “for delay of more than six months in delivering judgments”, among other acts of misconduct.

    “Of great concern to the Barbados Bar Association is the fact that, according to its independent research, there are over 50 cases and/or applications which have been tried, the decisions reserved by the judge, and the parties waited months, if not years, for a decision. For one reason or another, the court failed to deliver a decision and/or failed to deliver reasons for the judgment within six months after the trial/submissions,” Williams reported.
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    “The Barbados Bar Association is of the view that such delay can amount to a violation of the rights guaranteed to litigants by section 18 of the Constitution to have their cases receive a fair hearing within a reasonable time. This issue has been the subject matter of several scathing judgments delivered by the Caribbean Court of Justice.”

    Last January, a litigant successfully obtained an award for damages in the High Court for a breach of Section 84.

    “In that case, the litigant waited 30 months for a decision,” said Williams. The High Court determined that the “outer limit” for delivery of judgments in Barbados is six months after the conclusion of a trial and as such, the claimant’s constitutional rights were infringed. The claimant was awarded $35 000 in damages. The Court reasoned that ‘Justice delayed is justice denied, and a delay in justice is equal to a denial of justice’.”

    Williams said that these complaints could trigger the process outlined in section 84 of the Constitution, necessitating consultation and the establishment of a tribunal to investigate judicial conduct. She underscored that, according to Section 84(3) of the Constitution, a judge may be investigated for judicial misconduct and potentially removed from office if decisions are delayed for more than six months.

    She noted, however, that the Bar Association is not aware of whether the consultation and investigation process has been initiated or referred for further action, in the complaints that have been submitted.

    “We acknowledge that there is no procedure prescribed in the Constitution or otherwise for notification to the complainant of the commencement of consultation. We, however, are of the view that any request by the complainant seeking information relative to their complaint should reasonably be met with a full response providing an update,” she said.

    The president of the Bar Association revealed staggering statistics, estimating a backlog of about 16 000 cases in the Magistrates’ Court and 1 700 in the High Court. She attributed delays to various factors, including increased caseload, longer hearings, insufficient staffing, and inadequate resources for court and case flow management.

    Williams disclosed that over 1 000 Civil Court Division cases have been awaiting trial for “inordinately long” periods, causing significant delays in the Family Court Division.

    “Persons charged with very serious offences are being admitted to bail because their matters have been languishing in the system for periods in excess of four years. The likelihood of a genuinely fair trial in some of these matters is now in doubt. In one instance, a person served their entire sentence before the Court of Appeal rendered a decision in their matter,” she pointed out.

    Highlighting the Bar’s commitment to working with stakeholders for justice system improvement, Williams acknowledged that delays in the judicial system have been a longstanding issue, subject to public comment and extensive correspondence from the association over the past 12 years.

    She said the organisation has provided detailed lists of outstanding decisions, outlining the case details, the court and the time which had elapsed since the hearing of the matter.

    “The reports of delays regularly experienced by litigants in having matters heard and disposed of in the Criminal, Civil and Family divisions are not in keeping with the protection of the law and access to justice as enshrined in Sections 11 and 18 of the Constitution of Barbados,” Williams asserted.


    Source: BT

  44. John Avatar
    John

    The Estate of Marjorie Knox has matters that are part heard since 2002 and in one case from 1993!!

  45. John Avatar
    John

    https://www.rgpattorney.com/what-is-difference-between-trust-and-estate/#:~:text=An%20estate%20establishes%20a%20one,or%20after%20a%20person%27s%20death.

    Death can be a difficult reality to face not because of death itself, but because of the knowledge of how it may impact those we leave behind. Throughout our lives, we build relationships, create families, and acquire assets that make life feel more fulfilling. Knowing that our collective assets can help to take care of our families after we are gone can bring us comfort. Two of the ways in which people do that are through trusts and estates. These two legal structures are the primary way of transferring assets to heirs and beneficiaries.

    An estate establishes a one-time transfer after a person dies, whereas a trust establishes a continuous transfer that can begin before or after a person’s death.

    What Is An Estate?
    An estate consists of everything a person owns. Among other possessions, this includes:

    Property
    Cars
    Bank accounts
    Investments
    Insurance policies
    Jewelry
    Furniture
    An estate plan establishes how these assets are to be distributed in the event of your death or incapacitation.

    In properly designed estate plans, your personal and financial wishes are carried out to your specifications. Within these plans, there are often guidelines that establish what should happen if you become medically incapacitated. The legality of an estate enacts the directives on a one-time basis. However, a person’s assets may be carried on for generations after their death.

    What Is A Trust?
    A trust, like an estate plan, establishes the directive for how your assets should be distributed. However, in a trust, there is a trustee who is responsible for this distribution. It also establishes the timeline for which the dissemination of assets should occur, which can begin prior to a person’s death.

    There are many types of trusts that California recognizes, and each serves a different purpose. Knowing the types of trusts and the purposes of each can help you to select the one that serves your interests best:

    Revocable trust. Under this type of trust, modifications and cancellations may be made up until the trustor’s death. Selecting this type of trust is ideal for when a person consistently updates changes in assets.
    Irrevocable trust. In this trust, once a trustor has established the guidelines, there can be no modifications or cancellations.
    Asset protection trust. If a person has a lot of debt, they may wish to establish this type of trust which can help them protect their assets from creditors in the event of their death.
    Spendthrift trust. This is similar to an asset protection trust, but instead of protecting assets from the trustor’s creditors, it protects the inherited assets from the trustee’s creditors.
    Special needs trust. Because there are circumstances that can impact those with special needs, this type of trust allows a person with special needs to inherit the trust without impacting their Social Security benefits.
    Charitable trust. Often used to reduce tax liabilities for the wealthy, this allows a trustor to benefit charitable organizations through their trust.
    Creating A Trust
    Trusts can be complicated to establish. Because they do not require the oversight of a court system, they need to be comprehensive and legally binding to be sure the wishes of the trustor are honored. When establishing a trust, three major components should be considered:

    A full inventory of assets should be done before creating a trust. This provides a clear picture of what assets need to be distributed and to whom they will go.
    Establish a trustee. This person is the one who will ensure your assets are distributed in the way you wish. The trustee becomes your voice in the event of your death or medical incapacitation. Their role includes funeral arrangements, tax settlements, and asset distribution.
    Decide which, if any, charitable organizations may benefit from your assets.
    FAQs
    Q: What Are the Disadvantages of a Trust?
    A: Trusts may seem simple and straightforward on the surface, but they are much more complicated than you may think. Because trusts are administered without court oversight, there are many complexities that must be spelled out in the terminology. Established trusts can become very lengthy and full of complicated legal terms that are necessary to protect both the executor of the trust and the trustee. Improper trusts can lead to legal battles.

    Q: Is a Trust the Same as an Estate?
    A: No. A trust is a structured release of certain assets that is ongoing and can begin before or after a person’s death. An estate is the encompassing of everything that a person owns, minus anything that is jointly owned or transferred by the time of death, that is distributed in a one-time transaction to the designated beneficiaries.

    Q: What Are the 3 Most Common Types of Trusts?
    A: The three most common types of trust are revocable trusts, irrevocable trusts, and asset protection trusts. A revocable trust can be modified and canceled while you are still alive. An irrevocable trust cannot be modified or canceled once it is established. An asset protection trust is used to protect assets from potential creditors. There are other types of trusts as well, but these are the three you see most often.

    Q: What Is the Difference Between a Trust and an Inheritance?
    A: Trusts allow assets and property to be held for specified timeframes, sometimes indefinitely, for a beneficiary. An inheritance is an immediate transfer of property and assets to a beneficiary. In the case of a trust, the person who owns the property or assets may begin the benefits prior to their death. With an inheritance, the owner of the property and assets must pass before the beneficiary may receive them.

    Planning For The Future
    Planning what happens to your assets in the event of your death can be an overwhelming process that is full of careful planning. The legal protections that these decisions require certainly benefit from the help of an expert lawyer. When you face estate planning, contact Robert G. Petrovich, Attorney at Law. Our expert team is ready to help you carry out your wishes.

  46. 555dubstreet Avatar
    555dubstreet

    Essence of a presence
    Everything is related in the bigger picture
    Nothing is off topic in intelligent debate

    Musk replied: “Moderation is a propaganda word for censorship.”*

    (*) In regards to reinstating X account of far-right Austrian linked to terrorist Founder of Identitarian Movement who preaches superiority of European ethnic groups after banning from Twitter in 2020

    There is no law,
    nations act extra-legal,
    anal courts fuck up all the time

    No Law for Some
    Law for Others

    No Justice for Some
    Justice for Others

    “No Justice No Peace” is the black man woman and child cry

    Anecdotal Stories

    Trump wants to contest Court ruling his business committed real estate and tax fraud but has to pay bond for fine $434 mills to proceed but claims no one will trust him for the monies for this bond

    Israel speak words they are not committing genocide and blocking aid for starving civilians, while committing genocide, blocking aid, killing and staving innocent civillians.

    USA says Israel must comply to International Law to sanction War while circumventing Law to sell them Arms.

    USA and Israel are on captured land and still steal from indigenous and still practice racism segregation and apartheid in all areas of life. Anything the white race does there is a seed, a flower, big tree, or jungle of racism planted and bearing fruits.

  47. dreamstarworld Avatar
    dreamstarworld

    MORAL AMBIGUITIES & THE VACUOUS NATURE OF “HUMANS” WHO REEL TO AND FRO FROM LIVING EMPTY LIVES & THE VACUUMS CREATED WITHIN THEIR HUMAN CONDITIONED NATURE!!!

    Life is not a “PHILOSOPHY LESSON” – for most…

    But how does any human being live without a “MORAL PERISCOPE”???

    Is it part of the perfunctory ethos of mordern life to live without a “MORAL COMPASS”???

    Where are the “TRUE GAUARDIANS” who post #SentinelsOnTheWall that “GUARD THE GATES” of those mantled with responsibility to be “OVERSEERS” of the “GREATER GOOD”???

    IS MONEY THE ONLY EPICUREAN VALUE LEFT???

    Beside wanton frivolity – is there no other medium of exchange when it comes to “MORAL VALUES”???

    IN THE INIMITABLE WORDS OF JAMES O’KEEFE:

    “IF YOUR PRICE IS NOT YOUR LIFE – THEN YOU ARE FOR SALE…”

  48. dreamstarworld Avatar
    dreamstarworld

    DR JORDAN PETERSON OPINES ON THE HUMAN NEED FOR BEING ETHICAL BUT THE ANTITHESIS IS A FRAGILE MILLENNIAL EPIDEMIC AND THE LIE OF RELATIVE MORALITY!!!

  49. dreamstarworld Avatar
    dreamstarworld

    FOR THE SOCIOPHILOSOPHICAL BUFFS* – PETER SINGER OFFERS THE MOST COMPREHENSIVE EPISTEMOLOGICAL PRAXIS FOR REWRITING THE #Script FOR MODERN LIVING!!!

    At the heart of (Singer 1972) thesis is the underlying philosophical ambit that “ORDINARY PEOPLE ARE EVIL” which turns on its head the vainglorious notion that within mankind – the psyche is inherently “GOOD”!!!

    Mills, Bentham et al argue that the inherent values of “UTILITARIAN ORTHODOXY” posits this notion of the “GREATER GOOD” in philosophical terms, can refer to the #LesserEvil mentality being acceptable to do bad for the greater good!!!

    The fact that a utilitarian argument can be used to justify “THEFT” and if the masses decided to start stealing – it’s hard to see how anything could follow but chaos, anger, and definitely not happiness for the greatest number…

    Likewise, a “GAGGLE” of crooked “LAWYERS” taint the entire societal morality “SPECTRUM” given that if we see these men as “FOXES” who guard the henhouse – then obviously, this weaponizes others with fickle moral values to believe it is OK to do evil toward a greater “SUPPOSED” good!!!

    TRUE PHILOSOPHICAL UNDERPININGS IS NEEDED MORE THAN EVER TODAY!!!

  50. John Avatar
    John

    dreamstarworld
    March 20, 2024 at 9:06 am
    Rate This

    MORAL AMBIGUITIES & THE VACUOUS NATURE OF “HUMANS” WHO REEL TO AND FRO FROM LIVING EMPTY LIVES & THE VACUUMS CREATED WITHIN THEIR HUMAN CONDITIONED NATURE!!!

    Life is not a “PHILOSOPHY LESSON” – for most…

    But how does any human being live without a “MORAL PERISCOPE”???

    ++++++++++++++++++++++++++++++++++++++++++

    Oldest conundrum in the world, addressed by Jewish thinking on the Torah.

    The answer is they can’t!!

    But where do you find your moral periscope?

    Listen to Jewish learning here.

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