British Virgin Islands

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.