LAWS OF EVE - Legal matters to wrap up before year end
Published: Monday | December 22, 2008
Sherry-Ann McGregor - Contributed
Rather than starting the New Year with resolutions which we may find difficult to keep why not try to clean the slate before this year is out? There are many simple legal matters which we could attend to before the year's out:
1. Add another signatory to your bank account.
When a bank account has only one signatory, the absence of that person, through illness, death or other circumstances, often makes it impossible for the funds to be accessed.
2. Appoint an attorney to handle your affairs while you are overseas for extended periods.
By signing a properly drafted power of attorney, the courier charges which are often incurred to send legal documents overseas for execution, could be avoided. An attorney would have authority to carry out acts and conduct business in your absence in accordance with the powers given under the power of attorney.
3. Draft your will.
Anyone who has been through the rigours of having to administer the estate of a loved one who died intestate (i.e. without leaving behind a will) should be very keen to ensure that he or she has a properly drafted current will.
4. Update your will
A will should be reviewed periodically. Beneficiaries may have died or new ones may need to be added. Most important, newly married couples should note that a will is automatically revoked after marriage. Therefore, they should both ensure that they draft and sign new wills after marriage.
5. Name a beneficiary on your life insurance policy.
By doing this, you will make it easy for your loved ones to obtain the proceeds from the life insurance policy immediately after you pass on without having to wait until your estate is administered.
While you are shopping during the festive season, remember to:
Demand a receipt stating the amount paid, description of the goods purchased and date of purchase. If a merchant or provider of services refuses to provide a receipt, he may be liable to pay a fine not exceeding $50,000 or imprisonment for 30 days.
All new and used goods attract warranties. If no warranty is expressly stated, a warranty of six months on parts and labour will be implied, subject to the standard conditions of warranties.
If goods you purchased are defective or materially different from what you intended to purchase, they may be returned to the provider, who must immediately offers compensation for the value of the goods. The provider and the consumer may agree on such other value as they choose.
In order to qualify for a refund, it must be shown that the goods are in the condition in which they were when purchased save for such minimal damage as may arise from exposure during the normal course of use.
A consumer is not entitled to a refund if he or she gets the goods requested, but simply decides that no longer wants it.
I wish all my loyal readers a happy, blessed and holy Christmas.
Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.


