Sunday, 6 May 2012

Frequently asked questions regarding the incorporation of domestic companies and International Business Companies in The Bahamas

 The post below merely answers various questions which are commonly asked regarding the incorporation of domestic companies (i.e. companies incorporated under the Companies Act) and International Business Companies (i.e. companies incorporated under the International Business Companies Act).  The information contained below is fairly basic.  I will post more detailed information regarding companies and other special purpose vehicles soon.  Don't forget, if you have specific questions that are not answered here, please post your comments and I will do what I can to answer them.  If you require specific advice, please do not hesitate to contact a Bahamian corporate lawyer or a Bahamian corporate services provider.  You can do so by clicking here.


1. How long does it take to incorporate an International Business Company (IBC)?

2.
How much does it cost to incorporate an IBC?

3.
How much does it cost to incorporate a Company under the provisions of the Companies Act?

4.
How many directors must an IBC have?

5.
Are the names of the shareholders of an IBC on a public register?

6.
Are the names of the directors and officers of an IBC on a public register?

7.
Does an IBC require a registered agent in The Bahamas?

8.
How much does it cost to maintain an IBC?

9.
How much does it cost to maintain a Company incorporated under the provisions of the Companies Act?

10.
How long does it take to liquidate an IBC?


1. How long does it take to incorporate an International Business Company (IBC)?
    It usually takes 24 to 48 hours to incorporate an IBC.

2. How much does it cost to incorporate an IBC?
    The typical incorporation fee is around $700 (exclusive of disbursements).  Incorporation fees can vary slightly between corporate service providers.

3. How much does it cost to incorporate a Company under the provisions of the Companies Act?
    The typical incorporation fee is around $1000 (exclusive of disbursements).  Again, incorporation fees can vary slightly between corporate service providers.

4. How many directors must an IBC have?
    An IBC must have at least one (1) Director.

5. Are the names of the shareholders of an IBC on a public register?
    The names of the shareholder(s) of an IBC do not appear on a public register.

6. Are the names of the directors and officers of an IBC on a public register?
    The register of directors and officers must be filed at the Companies Registry.

7. Does an IBC require a registered agent in The Bahamas?
    Yes, an IBC must have a registered office and registered agent in The Bahamas.

8. How much does it cost to maintain an IBC?
    The typical annual fee to maintain an IBC is around $850 (authorised capital $50,000 or below) or $1500 (authorised capital more than $50,000).

9. How much does it cost to maintain a Company incorporated under the provisions of the Companies Act?
    The typical annual fee to maintain a Company under the provisions of the Companies Act is around $950 (if Company more than 60% Bahamian owned) or $1600 (if Company less than 60% Bahamian owned).  Again, these fees can vary between corporate service providers.

10. How long does it take to liquidate an IBC?
      A simple liquidation can be accomplished in approximately four (4) weeks.

Ancillary Relief in The Bahamas (Divorce Settlements)

Reaching a financial settlement

Ancillary Relief is the legal term used to describe the financial settlement made to each party when a marriage ends in divorce or nullification. As you may imagine, this can be a difficult and even combative part of the breakdown of a relationship, and coming to an agreement is sometimes not easy. Every case is different, and they can range from the relatively simple to the highly complex. They can involve shared assets, such as properties, savings, investments, pension funds and businesses, and obligations such as the payment of maintenance and the provision for children.

In general, the split should be fair, there should be no discrimination between husband and wife, or between the money-earner and the home-maker.

Financial Settlements and the Law

The law governing the Courts’ approach (and therefore the approach of attorneys advising and negotiating on behalf of clients) to financial settlements on divorce is based on the Matrimonial Causes Act 1973.

Personal behaviour is not considered on the basis of morality or emotional impact in financial proceedings. Infidelity or domestic violence is only taken into to account if it has a financial impact. Examples include disabling one of the parties and so reducing their future earning ability, or deliberately running up debts so as to prevent the other spouse from receiving their share of the matrimonial finances.

The aim of the law is to arrive at “fairness”. Although a starting point may be 50:50, the overall situation of the parties may mean a departure from equality in certain circumstances. For example, consideration is given to the facts in each case, including:

1. age of the parties (including life expectancy of each party in respect of future income) and length of the marriage

2. contribution both in financial and other ways (including bringing up children and inheritance)

3. resources and needs of the parties

4. standard of living during the marriage

If there are children, the first consideration is their welfare, including their housing needs, and this may impact on the overall financial settlement.

The court must ask itself whether these are fair and do not discriminate against one party bearing in mind all the circumstances.

An Example
(UK caselaw)
Recently a woman appealed to the Court of Appeal regarding the orders for ancillary relief made for her benefit following her separation from her husband. The couple had married in 1992 and had a child that year. They separated twelve years later. The wife had inherited a substantial sum which the couple lived off without working for the first five years of their marriage. In 1997 they used her capital to set up a car wash business, which the husband ran, paying a below-market rent to his wife.

When they separated, the couple’s assets were valued at a little under £1.4 million, which included the car wash business. The judge concluded that the yardstick of equality was applicable to the division of the assets and ordered the transfer of the building housing the car wash to the husband.

In the Court of Appeal, it was held that the assumption of equality of division of assets could be departed from. The assets had been disproportionately brought into the marriage by the wife. Whilst it made sense that the ex-husband should be able to continue in business, this did not mean that the property he rented should be transferred to him.

The court therefore concluded that the ex-husband should be allowed to continue to occupy the premises, paying rent at half the market rate, and that on the sale of the premises, the money received should be divided equally.

Each case is dealt with on its own facts, but then precedented cases are also taken into account.

SOME ISSUES

Maintenance

Since 1984, the courts have been required to assess whether the financial relationship between the parties can be terminated immediately. This can be done in a number of ways, not least by the payment of a capital sum in lieu of maintenance and/or by the imposition of a “clean break” order, which has the effect of barring a litigant from making any further claim for any form of ancillary relief.

Maintenance orders can be given on nominal or specific terms. Nominal terms are intended to keep the applicant’s rights to get maintenance alive while the former partner isn’t able to pay. The order can be reviewed any time to match the ongoing changes in financial capacity of the parties.

Child Support

This is often covered by maintenance agreements but can involve extra payments for school fees, holidays or medical treatment for children with special needs. Again it is well worth taking advice and sorting this out as much as possible if you are negotiating a financial arrangement with your spouse.

Property

Many people own residential property and when the time comes to making financial arrangements either at divorce or separation, there are a number of property related aspects that need to be addressed. Whilst this post does not deal with the appropriate division of jointly owned property, for which you need specialist advice, it does look at some practical steps.  If, of course, you require specialist advice, you may contact a Bahamian divorce attorney by clicking here.

1. If you own the property jointly with your husband/wife you should check if you own it as joint tenants or as tenants in common. If as joint tenants, then if one of you dies the other will inherit the property automatically (this is what is known as "right of survivorship"). If you own th property as tenants in common, then you may leave your share in the property (presumed to be half unless specified to be a different proportion) to someone other than the other owner. Tenants in common may have chosen this form of ownership to reflect different contributions. If only one of you is on the title deeds, when the relationship breaks down, the other person may well want their rights of occupation or potential claims to the property to be recognised.

2. If you own as joint tenants and want to convert to a tenancy in common (perhaps to prevent your spouse from automatically inheriting should you die before a settlement in finalised), then you must sever the joint tenancy.  For advice on how to do this, you should consult a Bahamian property lawyer.

3. One of the ways to deal with jointly owned property is to sell it. You should make sure that the Conveyancing attorney knows exactly what to do with the money (after repaying the mortgage and any selling costs). Usually it is held until agreement is reached on the division.

4. Or one of you could buy the other out. If that is what you decide to do, and can afford the extra borrowing, the buyer’s attorney can usually deal with the conveyancing for you. Don’t forget that Stamp Duty may be payable, but if the transfer is part of a court order (either on divorce or on separation), then the transfer is exempt.

5. Finally, don’t forget to review your will as your assets will have changed.

Family business

Upon the breakdown of a relationship, the parties also need to dissolve any partnership or business if an agreement cannot be reached, either if the business is owned jointly or where one of you owns or has an interest in a family business, the value of the business interest and what will happen to it will be a vital ingredient in any divorce settlement.

The court is now more likely to make an Order which may result in the need to either restructure the business or in some cases, sell it to put into effect the terms of any settlement. The Court’s primary function in relation to business and business assets consists of ascertaining the value of the business or business interest, then considering how the value of that interest should affect any settlement.

The main alternative business structures and valuation consist of the following:

Limited Liability Company
Valuation issues will normally be determined by the joint instruction by the parties of a specialist forensic accountant. The valuation process is designed to determine the price a purchaser would be willing to offer for the business or a particular interest in it.

Partnership
Similar considerations apply in valuing a partnership or partnership interest, but the position of other business partners and the terms of any partnership agreement which may exist, will also need to be considered. The valuation exercise will also look at the question of whether values should be ascribed to goodwill and often this is an area of some debate.

Sole trader
In certain cases the business of a sole trader might not be ascribed a value over and above the earning potential of the person running it, but this is not always the case. Where a sole trader is perhaps running several businesses or where a sole trader has other employees or contractors working for them, then the business may be ascribed a value on the basis that a purchaser might be expected to be able to continue it.

The value of the business interest

The value of the business interest is treated as an asset and will therefore form part of the “pot” when it comes to determining financial provision. Whether the business itself can be used to assist in paying any settlement will depend on the structure of the business and its liquidity.

If there are significant liquid assets and the business is owned exclusively by the family then it may be possible to fund the settlement or part of the settlement from liquid assets in the business. Detailed consideration would need to be given as to how the extraction of liquid assets from the company might affect its ability to successfully operate in the future.

The business might own other investments or liquid assets which could be used. Where there are non family member shareholders consideration would need to be given as to how they might be protected after any restructure.

Other possible ways of the business being used to raise all or part of the settlement might include a company purchasing its own shares, the repayment by the company of any loans to it by family members, commercial borrowing by the company, or the company increasing the remuneration paid to one or more family members, either by way of salary or dividends. The potential sale of shares in the business to an outside third party might be a further possibility. Whatever course of action you pursue, the valuation of a business can be contentious and requires careful handling.

An Example
(from UK case law)

An ex-husband valued the total assets (including the business, which he had run for 33 years) at £4.2 million. His ex-wife placed a valuation on the assets of £7.6 million, valuing the business at £5.3 million. She sought 50 per cent of the net assets plus school fees for the children. Her ex-husband offered 42 per cent of the net assets (£1.7 million), although this offer was later reduced.

Both produced expert witnesses to back up their respective valuations of the business, which was the main point of dissent. The experts differed, but the main point of contention was whether the valuation should be based on a multiple of six times ‘maintainable earnings’ or nine times.

The judge adopted a broad brush approach. Since there were insufficient resources for a ‘clean break’ arrangement to be financed, he ordered that the wife should receive £1.45 million plus periodical payments of £60,000 annually, child maintenance of £20,000 per annum and the cost of the school fees.)

How an attorney can help

It is sensibly advised that the division of finances on divorce should usually be by agreement between attorneys and endorsed in a Court Order rather than following an expensive and possibly protracted Court Hearing.

A Bahamian family law attorney should have a great deal of experience in achieving agreement on fair and workable financial settlements. They are very aware of the complexities and the emotional turmoil that can be involved, and aim to provide both a sympathetic ear and a guiding hand. Their approach should always be aimed at resolving the issues and reaching an agreement, but should be well prepared to take a tough line if reasonable terms cannot be agreed. 

This Memorandum is for your information only and nothing contained in this Memorandum is intended to constitute a legal opinion.  If you require any detailed advice please contact a Bahamian divorce lawyer.  You can contact a family law attorney in The Bahamas by clicking here.

Saturday, 5 May 2012

Open for suggestions

Further to my post of yesterday, I wish to invite any viewers of my blog to post comments regarding any particular legal issues that you may have and I would be happy to provide a post on that specific issue.  I generally try to post a wide range of articles that I think will be of general importance to people in every day life.  Of course, I will never think of everything and I enjoy being able to research and write, so if you post questions about specific legal issues, we both benefit; I get to look at areas that I have not yet considered and you get free legal information.

Of course, I cannot answer specific questions which may relate to issues of fact, as that would require proper and comprehensive legal advice.  I can however, provide general answers to queries and I will do my best to answer your questions the best I can while remaining as general as possible.

If you require the advice from a lawyer in the Bahamas, you can always e-mail me.  I would be happy to advise you more thoroughly, if possible.

Friday, 4 May 2012

The legal fundamentals of purchasing property in The Bahamas


The purchase of real property is one of the most important investments that a person will make in his lifetime. The general legal principles which underscore the sale and purchase of real property are generally governed by the Conveyancing and Law of Property Act 1909 (“the Act”), depending upon the type of property and the nature of the purchase.

In the interest of clarity, it should be noted that there are other pieces of legislation which also govern the sale and purchase of property in The Bahamas, as well as established Bahamian case law and English Common Law however, for the purposes of this memorandum, the principles outlined in the Act will be highlighted.

The sale and purchase of property is initiated by a contract (or agreement) for sale between the vendor (seller) and purchaser. The agreement for sale outlines the terms and conditions of the sale of the property which includes, but is not limited to, the purchase price, deposit amount, the completion date (normally one to three months from the date of the agreement of sale), the obligation(s) of the vendor to prove “good and marketable title”, the undertakings by the attorneys for the vendor and purchaser, and the consequences to the vendor for failure to prove good title or to the purchaser for failure to obtain financing or to complete the transaction within a specified time period.

The deposit amount which is normally ten percent (10%) of the total purchase price is often paid to the vendor’s attorney at the date of execution of the agreement for sale and held in escrow pending completion of the transaction. After execution of the agreement for sale and the receipt of original and/or copies of the vendor’s title documents, the purchaser’s attorney investigates the title to the property by conducting a title search of the property and Supreme Court cause list (judgment) search of the previous owners of the property including the vendor.

Under the Act, a purchaser of land is not entitled to require title to be deduced for a period of more than thirty (30) years or for a period extending further back than a grant or lease by the Crown or a certificate of title granted by the court in accordance with the provisions of the Quieting Titles Act, whichever period may be shorter. The purchaser’s attorney may raise requisitions (questions or enquiries) on title with the vendor and/or the vendor’s attorney, after investigating title to the property, particularly requisitions on possible defects in title.

However, it should be noted that the agreement for sale normally provides for a specified time period (e.g. fourteen (14) days from receipt of the title documents) for requisitions on title to be made by the purchaser’s attorney, after investigating title. In addition to certain requisitions on title itself, the purchaser’s attorney may raise questions on the requisite government and subdivision approvals, outstanding real property tax assessments and utilities (where applicable), the survey of the property, and any pertinent easements, rights of way, and/or restrictive covenants.

Upon the requisitions on title being satisfactorily answered, the purchaser’s attorney will prepare a report or opinion on title for the purchaser and/or the relevant lending institution (along with the appropriate mortgage document). The draft conveyance of the property (and any supplemental documents), normally prepared by the vendor’s attorney, may also be reviewed at the time of reviewing and requisitioning the title and cause list searches by the purchaser’s attorney, or subsequent to such requisitions.

The conveyance will include the names and addresses of the parties, any pertinent references to earlier title documents, a detailed description of the property, any restrictive covenants, easements, and/or rights of way, a plan of the property, the appropriate affidavits of citizenship and witness, and other relevant information applicable to the specific conveyance. Once appropriately amended and approved, the conveyance is finalized by the vendor’s attorney and executed by the vendor and purchaser whose signatures are witnessed.

A completion statement is prepared by the vendor’s attorney and the balance of the purchase price is paid by the purchaser/purchaser’s attorney (less the vendor’s portion of stamp duty and any apportionment for rates, real property assessments, and utilities, where applicable). The legal fees, which may range from 1 ½ to 2 ½, are paid on or before completion by the vendor and purchaser to their individual attorneys.

Commissions to real estate agents are also paid at this time. Requests are made to utility companies to return deposits to the vendor and all utilities and real property tax assessments are placed in the purchaser’s name.

The conveyance (with the appropriate affidavits and pertinent documents) is sent for stamping at the Public Treasury. The stamp duty to be paid on a conveyance, which is normally split between the vendor and purchaser, is based upon the market value of the property. Under the Stamp (Amendment) (No. 2)Act, 2008, application for exemption from stamp duty on the acquisition and mortgage of property may be made, for and on behalf of, first time owners of a dwelling house, valued at $500,000.00 or less. After stamping, the title document is sent for recording at the Registry of Deeds and Documents, for a nominal recording fee (which is generally based on the number of pages of each document, subject to certain exceptions).

If you require the services of an experienced property and conveyancing attorney, or if you are interested in purchasing Bahamian property, you can contact us by clicking here.


This is more of an idle post.  I know that there have not been many developments on the blog as of late.  I have been trying to deal with relocation and it has taken away from my time to do all the other things I wanted to do.

I thought that I would try something new.  I have noted that I am starting to get hits on my site, which is great because this site is designed for you.  To allow you to get that first step of information to help you with your issues or general queries.  I mean, if I can save you a $200 consultation fee, then my job is done.  Now I thought that I would try to encourage your comments or questions.  If you come to this site looking for an answer to a specific topic and you do not see anything about that topic posted here.  Send me a message and I will try to create a post for that topic.

Please remember that I cannot guarantee that I can post to every question, and if I have already posted on that topic I will direct you to the post.  Also, I am not giving specific advice here.  This is only intended to give you the basic knowledge so that you can have an idea which direction you need to go.

Thank you for viewing.

Purchasing a Home in The Bahamas

The Bahamas, which consist of over 700, cover an area of 100,000 square miles stretching in a southeasterly direction from just 50 miles off the coast of Florida to within 50 miles off the coast of Haiti and the Dominican Republic. The Bahamas gained its independence from Great Britain on July 10, 1973 and remains a member of the British Commonwealth.   The Bahamas is also one of the premier offshore financial centres in the world.  This makes The Bahamas the ideal location for expatriates looking to set up offshore business offices and potential vacation-home owners looking for their own “slice” of paradise alike.
Finding a Property
There are a multitude of Real Estate Agents available to assist you with finding the property you desire.  If you are looking for a Real Estate Agent, you may visit the Bahamas Real Estate Association’s website (http://www.bahamasrealestateassociation.com) for a list of licensed realtors within The Bahamas.
Agreement for sale
Once the property has been located and the basic terms and conditions of the sale and purchase have verbally agreed between the parties, a written contract between the vendor and purchaser must be drawn up (the Agreement for Sale). This should be done by a Bahamian Attorney as there are many legal formalities inherent to real estate transactions which can result in complications in the long run if not properly adhered to. Besides the terms and conditions of the purchase, the contract must include a description of the property and the anticipated completion date.   Since real estate transactions in The Bahamas are “caveat emptor” (meaning “may the buyer beware”) it is the purchaser's responsibility to conduct the necessary due diligence with respect to the title to the property to ensure that a) the vendor has the authority to sell the property and b) there are no extraneous factors which may impede the purchaser's ability to deal with the property as he intends.  Upon the execution of the Agreement for Sale, a deposit will typically be paid to the vendor's attorney or to the real estate agent involved (if applicable).  This sum is will be paid in escrow as a deposit and in part payment of the purchase price.  The typical amount for a deposit is 10% of the purchase price.
What are the costs involved in buying or selling property in The Bahamas?
A typical sale, called a "Gross Sale", assumes that the vendor (seller) will be responsible for the payment of:
·         The real estate agent's commission. The commission on the sale of developed property is 6% of the gross sales price. The commission on the sale of undeveloped property is 10%.
·          One half (1/2) of the Government stamp duty (tax on the conveyance of real property). This is a graduated tax. The total amount of the tax is : 
·          Value up to $20,000 the rate is 4% 
·          Value greater than $20,000 and is less than or equal to $50,000, the rate is 6% 
·          Value greater than $50,000 and is less than or equal to $100,000, the rate is 8% 
·          Value is greater than $100,000 and is less than or equal to $250,000, the rate is 10% 
·          Value is greater than $250,000, the rate is 12%
·        The vendor's legal fees. Legal fees on a conveyance of property are usually 2 ½% of the first $500,000, 2% of the next $500,000, 1% of the next $4,000,000 and ½% thereafter.  Certain circumstances may afford an attorney some leeway regarding their legal fees however, any deviation from the standard is solely at that attorney's discretion.
The purchaser will be responsible for:
·     1/2 of the Government stamp duty as set out above,
·     The purchaser's legal fees as detailed above.
·     Recording fees on the conveyance and other closing documents which need to be recorded.
·   Payment of the relevant  fees for a permit or certificate of registration under the International Persons Landholding Act, (if applicable).
The fee for obtaining a permit from the Bahamas Investment Authority under the International Persons Landholding Act is $500.00 and the fee for obtaining a certificate of registration is $250.00.  These fees apply only to non-Bahamians purchasing real estate in The Bahamas.
In the event that the sale is a "Net Sale" the purchaser would be responsible for payment of all of the above mentioned fees (both vendor and purchaser).   This is often done to negotiate a lower purchase price, namely in cases where a purchaser qualifies for exemption from payment of stamp duty as a first-time home buyer.
Completion of the transaction
At completion (closing), a conveyance is executed by the vendor in favour of the purchaser and the balance of the purchase price is paid by the purchaser to the vendor. Other items such as the stamp duty, real property tax, outstanding utility bills, and sales commissions are also settled at the time.  Investors should ensure that the title deeds to any land owned in The Bahamas are recorded in the Registry of Records in Nassau, New Providence. There is a nominal recording fee which is generally $4.50 per page, except in certain circumstances.  Your Bahamian property attorney will advise you of all formalities and will keep you apprised of the status of your transaction.

The Bahamas Real Estate Association
Prospective buyers should take advantage of the knowledge and experience offered by members of The Bahamas Real Estate Association (BREA). Effective from January 1, 1996 all real estate practitioners in The Bahamas are required to hold either a Brokers or Salesman's license. Anyone requiring the services of a realtor should ensure that the realtor is licensed. All licensed Realtors are members of The Bahamas Real Estate Association and as such are part of a network of brokers and salesmen who cooperate fully with one another and abide by a strict code of ethics.  You can get in touch with a Bahamian real estate agent by clicking here.

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.If you would like more detailed advice you can contact a Bahamian property and conveyancing lawyer by clicking here.

Probate and Administration of Estates in The Bahamas

When a person dies, someone has to deal with their affairs. This is called 'administering the estate'.

If the person who has died leaves a will

If the person who has died leaves a will, it will usually name one or more people to act as the executors of the will - that is, to administer their estate in accordance with the law.

If you are named as an executor of a will you may need to apply for a grant of probate.

A grant of probate is an official document which the executors may need to administer the estate. It is issued by a section of the court known as the probate registry.

If there is no will

If there is no will (known as dying intestate) the process is more complicated. An application for a grant of letters of administration (an official document, issued by the court, which allows administrators to administer the estate) will need to be made.

The person to whom letters of administration is granted is known as the administrator. The administrator is the person who has the legal right to deal with the affairs of the person who has died, and is determined by a set order of priority. The administrator will usually be a close relative of the person who has died, if there is one. There may be more than one person who has an equal right to do this. Your attorney will be able to provide you with information on the set order of priority.

Some more legal terms you may come across

Personal representatives (PRs)
This means executors or administrators. If there is more than one personal representative they must work together to decide matters between them. Disagreements between personal representatives can cause expensive delays. 

Grants of representation
This includes grants of probate (when there is a will) and grants of letters of administration (usually when there is no will) and resealing of a foreign grant. Often people just refer to probate even if there is no will. 
  
How to get a grant
You can ask a Bahamian estate attorney to apply for the grant of representation on your behalf.

You can also apply for a grant of representation  yourself, however, it is recommended that you use a Bahamian estate attorney (except maybe in circumstances where the value of the estate is less than $10,000.00).

    Responsibilities of personal representatives

    Personal representatives are responsible for making sure that the estate is administered correctly. If there is a will, the personal representative must make sure that the wishes of the person who has died, as set out in their will, are followed. If there is no will, you must follow the rules of intestacy (set out in the Inheritance Act). You should ask your Bahamian estate attorney to explain these.

    Inheritance tax

    There is no inheritance tax in The Bahamas.

    Costs

    Charges can vary between attorneys and depend on what is involved in administering the estate as well as the value of the estate. It is often not possible to know immediately what may be involved and how much advice and help is needed.

    Your Bahamian estate attorney should tell you what the costs are likely to be before carrying out any work. You can compare costs by contacting more than one attorney. Remember that the cost of dealing with the estate is usually paid from the estate.

    However, cost is not the only consideration. It is equally important to find a Bahamian estate attorney who is approachable and sympathetic, and whose advice you understand. 

    This post is for your information only and nothing contained in this post is intended to constitute a legal opinion. If you require any detailed advice you should contact an attorney.  Alternatively you may e-mail the creator of this blog and he may assist you or refer you to someone who can assist you.  If you require more detailed advice you can e-mail a Bahamian probate and estate lawyer by clicking here.