Bermuda Law Blog

This year’s event marked the seventh legal clinic that MJM Limited has hosted with Age Concern, a registered charity (#561) dedicated to meeting the needs of seniors in the local Bermuda community. Attendees were able to participate in a seminar on essential estate planning tools, which was led by MJM Director Hil de Frias, as well as attend interview sessions with individual attorneys from the firm. Here’s a short 6 minute video about the event: Age Concern Bermuda and MJM present the 2013 Annual Free Legal Clinic (video). Two of the more pressing items that were identified during this year’s legal advice sessions were Powers of Attorney and Wills. My colleague Emily Deane and I have written on Wills in recent posts Advantages of using an Attorney to prepare your Will and With a Will There is a Way so this article will focus on the value of Powers of Attorney.

Honor Desmond-Tetlow
In this article I will address some of the general principles of Bermuda divorce law and also take a look at some misconceptions which are fairly widely held. At the outset, however, I must stress that time and space will not permit a very detailed analysis and I would counsel anyone engaged in, or considering, a divorce to seek the advices of an experienced matrimonial lawyer. Firstly, let’s look at jurisdiction. Sometimes clients are confused about their right to initiate a divorce in Bermuda. Ours is a cosmopolitan population and many clients will have been married overseas, leading some of them to believe that any divorce must take place in their “home” jurisdiction. Not so. If either party to the marriage is “domiciled’ in Bermuda (in effect, Bermuda is home) or has been resident continuously in Bermuda for one year or more, our courts can entertain a divorce petition.

It is essential that every individual, regardless of age, makes their own Will. If you die without making a Will then you die intestate which means that a court can distribute your assets in accordance with the law at that time. This may result in your home and hard earned investments being distributed to siblings, cousins, even further removed relatives or the Bermuda Government! It is fundamental that you make a Will in order to maintain control over your assets even when you have passed. There are a few options when contemplating making your Will.

Bermuda is emerging as a leader in the global insurance linked securities (ILS) market, just three years after ILS were first listed on the Bermuda Stock exchange. This is no small achievement for Bermuda, which will further make its mark on the world stage when it plays host to the global ILS conference, Convergence 2013, in November.  What sets Bermuda apart? According to Dr. Grant Gibbons, Minister for Economic Development, Bermuda’s success can be attributed to having the right mix of several critical factors at the right time. “A combination of intellectual capital, leading investor and reinsurance marketplaces, a tried and tested approach and the right listing and regulatory backdrop”, explained Dr. Gibbons, “[all] provide for optimal conditions and competitive advantage for transacting insurance-linked deals”. Bermuda is one of the world’s largest reinsurance markets, hosting some 1,400 insurance companies with total assets of approximately $442 billion. The Island has over three decades of experience in providing sophisticated insurance solutions to a global client base and as host of the global ILS conference in November, Bermuda will see insurance and reinsurance companies, investors, sponsors, securities firms and investment banks, asset managers, regulators and service providers congregate to network and discuss the industry’s most strategic opportunities and pressing challenges.

Honor Desmond-Tetlow
“Remember to take your SCARF into negotiations” may seem like odd advice. It isn’t. SCARF, an acronym for Status, Certainty, Autonomy, Relatedness and Fairness, should not be overlooked and should be taken into account when entering into negotiations. Briefly:
  • “Status” refers to the need to be respected and treated as an equal;
  • “Certainty” to the need for some predictability and security;
  • “Autonomy” the sense of having choices and some control;
  • “Relatedness” the need for collegiality and a sense of belonging/trust; and
  • “Fairness” is a justice/rule driven priority.