Development in Grenada
EXCELSIOR – LEADS WITH ESTATES AS PART OF WEALTH CREATION AND LAND DEVELOPMENT IN GRENADA
Administration of estates is at the center of Excelsior’s practice areas. Gennilyn E. Ettienne believes that wealth creation through succession is a formidable pathway to overcome disadvantages faced by people of color in attaining wealth and climbing the entrepreneur’s ladder.
By dint of sheer determination, our people overcame the rigors of slavery not based on what they owned, but out of what we all are truly made of. Something called spirit. Our forefathers fought for policies such as’ land for the landless’ in the unique past, which often pains us, for the atrocity it was, but without which, our succession planning would never be so exclusive and rich.
The distribution of the inherited wealth has varied greatly among different cultures and legal traditions. In Grenada., the distribution of inheritance is not determined by gender or religion, as in other cultures and in that regard, heirs to local estates ought to count themselves privileged as the succession merely depends literally, on the will of a loving testator (person making a will) or the laws of the land in case of intestacy (the case where a person dies without a will).
Succession is the practice of receiving private property, entitlements, privileges rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by lawful means. An inheritance may be in terms of a will of on intestacy by virtue of the laws of the state in which the estate resides.
ARE YOU AN HEIR?
An heir is a person entitled to receive a legacy or share of property out of the estate of a decedent (person who died).
Threats to wealth creation through Inheritance
1. Indolent and laissez faire attitudes among administrators and executors The experience among our clients proves that a slow administration is a real and ever present, dangerous threat to wealth advancement among heirs. We often see persons well into their eighties just creeping through our doors to begin the administration process several decades after the death of their parents. In fact this is more common than administration of estates and leads to the involuntary court intervened partitions. Many persons opt not to take judicial action in order to salvage family relationships, thereby squandering and sacrificing their wealth advancement. However, the real and negative repercussions are the denial of the wishes of the man who can no longer speak from his script-the decedent and this is a cold and cruel reality.
Q. what is the remedy for a slow executor?
A. There is a period called the Executor’s year in law. It is expectation of law that an estate must be completely distributed during this period with diligence.
A. move to obtain your own lawyer. The estate does not come with legal representation as a legacy.
2. Conflicts regarding control The first rule of proper administration is that the head who wears the crown must be fit for the role. The court does not stomach an unwilling “Hitler” prototype personal representative. The role is instructive rather than selective, one of swift duty rather than slow choice. The only duty of the Executor is to act in strict accordance with the will, immediate upon the death of the deceased. The role of an administrator is to distribute the estate in accordance with the right of each heir in accordance with the law. Failure in the duty is actionable at law.
3. Lack of individuality among beneficiaries. The pivotal consideration for each heir is the legal position that once a decedent dies the property is divisible as each heir’s share estate and interest. It no longer must be seen as a whole and must only be managed by the personal representative as part of that distribution process. It is not a hoarding role. It really is not a communal process. It is the dissolution, so to speak, of the original owner’s property into usually smaller units which will not be under new ownership. Hence each heir succeeds to the title and their own estates are now thereby created. This singularly demonstrates the importance of succession as a means of wealth creation. If the estate is not distributed on time, wealth creation is hindered.
Q. How to get a personal representative to act in good time
A. Make personal demands for share and interest, which if ignored, should be pursued by bringing an action to pass them over. The retention of their role is based on their performance of duty
4. Death Death of an heir can challenge the smooth administration of an estate Green limes often fall and leave ripe ones on the tree. Even if a young beneficiary dies the need to involve his own heir(s) in the distribution may be challenging. Often these heirs are dispersed among many countries abroad and have no personal interest in seeing to the formalities necessary to address their parent(s)’ interest. Unlike Caribbean born beneficiaries they do not desire to be located and the trek to unearth them out of their daily lives in foreign territories may slow the process, oftentimes bringing it to a halt. The estate which suffers this hurdle may end up in court due to the need for intervention through the judicial process.
Q. What to do if a beneficiary has died?
A. Swiftly moves to obtain a grant of administration in that decedent’s estate. If you cannot locate his heir(s) and this is affecting your own succession, move to the High Court for a partition order in the case of land. The court often appoints the Registrar of the court to execute Indenture of conveyance where there is an absentee heir or unwilling party.
Conclusion
Since the administration of an estate is a non-contentious legal process which is designed by law to be swift, heirs must enforce their beneficial rights through seeking legal representation. This is the only sure way to deal with an indolent administrator or executor seeking to use the estate as a sword rather than a vehicle to access wealth creation. Heirs owe it to the decedent to honor their memory by building upon what has been given in honor of the relationship which once existed between them.
Let the Memory of my father be honored forever and ever.
A few record of service to our clients.
We have taken this opportunity to list a few successes
I. 2005 – Represented developers of Hotel Development project in Nevis and Anguilla
II. 2011— Represented large Estate in Crochu, St. Davids, Grenada spanning 236 acres. Gennilyn E. Ettienne of Excelsior represented the shareholders and directors of the Landholding Company in an application to remove the Liquidator of the landholding company in order to move to the distribution of the estate among heirs.
III. 2012- Represented Large Estate in Grenville, St. Andrews – Administratrix of a multi-property estate with commercial buildings in the Town of Grenville in an action brought by spouse for half of the estate.
IV. 2014 – Represented Chinese developers in drafting terms of agreement for housing development Project in Grenada.
V. 2017- Successfully represented liquidator of Grenada Today Limited, Garvey Louison in action against then Prime Minister, Dr. Keith Mitchell in an action to circumvent liquidation process.
VI. 2017 -2019 successfully represented client to sue to recover millions of dollars from Local bank in the under sale of property. Matter was heard in High Court and Court of Appeal.
VII. 2017 – Represented individual client in judicial action against lawyer to recover luxury properties located in a building scheme, left in decedent’s estate.
VIII. 2019 – Represented developer in developing building scheme on 5 acre plot for sale in St. David’s.
IX. 2019- Negotiated the sale of 200 acre estate in St. Patrick’s purchased by foreign investor.
X. Currently represents the Liquidator of Land development companies spanning holding three large estates of deceased land developer.
XI. Currently represents administrators of estate spanning Commercial properties in Town of St. George and Town of Grenville owned by estate of decedent.
XII. On a day to day basis Excelsior is honored to receive multiple clients into our chambers and we are assisting them to take care of individual estates as one of our largest areas of practice.
XIII. Annually we serve hundreds of clients in their applications for probate, will making, will contests in court and partition claims. However, we specialize in the administration of large estates and which gives us the unique advantage to assist our clients in building uponwealth. Grenadian properties have the unique feature of upward trend in value as opposed to USA and UK properties located in more volatile markets.
XIV. Estates can be used to segue to land development for entrepreneurial ventures. It is the sure way to build the island and spur the commerce around the parishes. No parish holds the handle on income generation. Supply creates its own demand.
Gennilyn Eleanor Ettienne is an advocate and solicitor, who was called to the Grenada Bar in October, 2003. Ms. Ettienne has represented many administrators and executors in the administration of large land estates in Grenada. She is a Land development professional and a developer in her own right, who has assisted many clients to further the original dream. Ms. Ettienne believes in leaving people and things better than she found them and it brings her joy to see the fulfillment of endeavor no matter how small the embryo
