The Law of Wills and Estates in Bermuda, 6th Edition
Michael J. Mello, Q.C., J.P., T.E.P. · May 28th, 2007
Part 1 - Wills
Chapter 1 General Nature of a Will
- What is a Will?
- Why You Need a Will
- Who Can Make a Will? (legalese: testamentary capacity)
- Setting Aside a Will for Lack of Testamentary Capacity or Undue Influence
Chapter 2 Formalities Necessary for Making a Bermuda Will
- Writing
- Signature
- Attestation (Formal Witnessing of the Will)
- Holograph Wills (Handwritten Wills)
- Mutual Wills (With or Without a Contract)
- International and Foreign Wills
Chapter 3 Making a Will
- General Points
- Personal Matters
- Last Words
Chapter 4 Revocation of Wills
- Revocation by a Subsequent Will or Codicil
- Destruction
- Revocation By Marriage
- Duly Executed Writing Declaring an Intention to Revoke
- Effect of Divorce on Wills
Chapter 5 Revival of Wills
Chapter 6 Alterations to a Will
Chapter 7 Rectification and Will Draftsman's Negligence
Chapter 8 Living Will Declaration, Health Care or Medical Directive
Chapter 9 Organ Donation
- Why the Shortage?
- Family Discussion
- The Recipients
- The Donor Families
- Your Decision
- Questions and Answers
Chapter 10 Other Considerations When Making a Will
- Residence
- Estate Planning
- Primary Family Homestead Designation
- Where a Will Should be Kept
- Reading of the Will and Will Confidentiality
- Enduring Powers of Attorney
Part 2 - Probate and Administration
Chapter 11 Estate Representatives
- Executors
- Persons Who May be Appointed Executors
- Mode of Appointment
- Number of Executors
- Lost Wills
- Renouncing Office of Executor
- Resealing of Foreign Grants
- Title of the Executors
- Administrators
- Duties of Estate Representatives
Chapter 12 Grant of Probate and Letters of Administration
- Probate in Common Form
- Probate in Solemn Form
- Administrators
- Administration with Will Annexed
- Passing Over those Primarily Entitled to Administration
- Distinction Between Probate and Administration
- Estate Creditors
- Effect of Grant of Probate
- Estate Stamp Duties
- Estate Planning
Chapter 13 Intestacy
Chapter 14 Children
- Natural Born Children
- Children Born as a Result of Artificial Insemination
Chapter 15 Common Law Husbands or Wives
Chapter 16 Same Sex Marriage or Civil Partnerships
Chapter 17 Commorientes (Persons Dying Together)
Chapter 18 Presumption of Death and Burial
- Presumption of Death
- Burial
Chapter 19 Small Estates
Appendices
- Appendix A Some Useful Definitions
- Appendix B How much are you worth and how much in death duties will your estate have to pay?
- Appendix C Statutes
- Wills Act 1988
- Administration of Estates Act 1974
- Appendix D Non-Contentious Probate Rules 1974
- Court Approved Application Forms
- Appendix E Mello Jones & Martin Will Questionnaire
- Appendix F Sample Wills, Attestation Clauses and Living Will
- Appendix G Letter to KEMH Agreeing to be an Organ Donor
- Appendix H Supreme Court Registry Filing Fees in Probate Matters
Request to purchase Mr. Mello's book. In the "message" field, please include the title of the book. Payment instructions will be sent to you right away.