
Contents
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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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3. Intestacy 3. Intestacy
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4. Freedom of Testation 4. Freedom of Testation
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5. Maintenance 5. Maintenance
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6. Community Property between Husband and Wife 6. Community Property between Husband and Wife
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7. Joint Property 7. Joint Property
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8. Gifts (inter vivos) 8. Gifts (inter vivos)
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9. Capacity 9. Capacity
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10. Authority (Court, Notarial, or Other) 10. Authority (Court, Notarial, or Other)
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11. Invalidity of Will 11. Invalidity of Will
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12. Simultaneous Death 12. Simultaneous Death
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13. Presumption of Death 13. Presumption of Death
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14. Estate Taxes 14. Estate Taxes
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15. Administration of Estates 15. Administration of Estates
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16. Domicile/Nationality 16. Domicile/Nationality
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17. Charitable Giving 17. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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2. Foreign Succession/Inheritance Orders 2. Foreign Succession/Inheritance Orders
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3. Two or More Succession or Probate Orders 3. Two or More Succession or Probate Orders
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4. Assets 4. Assets
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5. Expert Evidence 5. Expert Evidence
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6. Unity of Succession 6. Unity of Succession
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7. The Hague Convention 7. The Hague Convention
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8. Wills 8. Wills
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9. Domicile/Nationality 9. Domicile/Nationality
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10. Taxation 10. Taxation
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Cite
Abstract
This chapter focuses on the legal system of the British Virgin Islands (BVI): the English common law system. It emphasizes that the principles of English common law apply in the territory by virtue of the 1705 Common Law (Declaration of Application) Act and those of English equity apply by virtue of the West Indies Associated States Supreme Court (Virgin Islands) Act. The chapter also looks at the forms of wills available in the BVI. As the chapter argues, a will must comply with the requirements of section 7 of the Wills Act. Section 7 which prescribes that the will must be in writing and must be signed at the foot or end by the testator/trix or by some other person in his or her presence and by his or her direction. This chapter then shifts to focus on the order of succession in cases of intestacy. The BVI’s rules of intestacy are set out in the Intestates Estates Act. It finally reviews the full freedom of testamentary disposition in the BVI and the laws of the territory. The chapter also considers the community of property regime in the BVI as well as estate taxes and administration of estates.
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