Preface to the Second Edition

• Author: Karen Nunez-Tesheira
• Pages: 10-11

x / Probate Practice and Procedure

Preface to First Edition

When I first undertook the task of writing a book on non-contentious

probate practice for the Caribbean practitioner, little did I appreciate the

enormity of this undertaking.

However my desire to write remained unswayed, fuelled in large part

by the unique position in which I felt I had been placed, that of being a

Course Director at the Hugh Wooding Law School, St Augustine, and

consequently having, to teach the law of succession, on a jurisdictional

basis, to students from over ten Caribbean territories.

Indeed I felt that being so privileged I was almost duty-bound to attempt

to make some enduring and hopefully meaningful contribution to legal

education in the Caribbean.

My task, though daunting, was made immeasurably easier, largely

because of the assistance which I received, from probate practitioners and

registrars, current and past, throughout the Caribbean. Whether it was

during my visits to undertake practical research or one of my countless

telephone calls checking and rechecking information and material, everyone

with whom I met and spoke was willing, even eager to assist me.

However it would be remiss of me to leave the impression that this

undertaking was not without its frustrations and difficulties. I say this not

by way of disclaimer or criticism. The inadequacies and in some instances,

the lack of indigenous probate rules and practice directions, coupled with

local practices, unsupported by any apparent authority, save and except

this is what is done, often left me little choice but to adopt a less than

scientific approach to my research.

Uncertainty as to the scope and extent of reception of English probate

practice and, in some instances, probate law, in the various Caribbean

territories, an uncertainty due mainly to the legislative vagueness of the so-

called reception provisions of these territories, served only to compound

these difficulties.

With respect to the contents of the book, readers will note that I have

included a chapter entitled ‘Family Provision’, although the scope of this

book is intended to be restricted to non-contentious probate practice.

However after much consideration, I felt that Family Provision was such a

critical area of practice, that it was worth running the risk of the title of the

book being considered a misnomer.