The Attorneys at Wilkinson, Wilkinson & Wilkinson dedicate themselves to representing a diverse multitude of individuals and businesses in private matters and State Agencies throughout the Caribbean in a wide variety of practice areas. Read more here about the different practice areas in which our Attorneys practice.
Administration of Estates is the distribution of the property of deceased persons.
The Firm offers services including but not limited to the following:
- Application for Letters of Administration
- Application for Grant of Probate
- Application for Resealing Grants of Probate
By virtue of the Wills Act CAP 340 of the laws of Grenada 1990 (as amended) a will is valid only when it is made by a person at least eighteen years of age, is in writing, signed by the person (or someone so authorised) at the end of the will in the presence of two or more witnesses.
Where there is no valid will, the estate of a deceased person would be distributed in accordance with the Intestates Estates Act CAP. 154 of the Laws of Grenada 1990 (amended by the Status of Children Act No. 39 of 1991 effective 1st January 1992).
The firm offers executor and other related estate services.
Admiralty law, which is also referred to as Maritime Law, relates to the legal rights and obligations emanating from the private ownership of vessels, merchant shipping matters and all other surrounding affairs. The registration of ships, transfer of shares, mortgages, and all matters related to merchant shipping are regulated by Shipping Act Cap 303 of the 2010 Laws of Grenada (Revised Edition) and other related pieces of legislation.
The Admiralty jurisdiction of the High Court of Grenada is contained in the Administration Act 1956 of England. The procedure for Admiralty matters is regulated by the Eastern Caribbean Supreme Court Civil Procedure Rules 2000 as amended, which governs all procedures of the High Court of Grenada. Note: The Procedural Rules are similar to that of England.
The Attorneys at Wilkinson, Wilkinson & Wilkinson are qualified and equipped to offer services in Admiralty Law including the following:
- Registration of vessels
- Transfer of ownership of vessels
- Mortgages on vessels
- Arrest of vessels
- Litigation in Admiralty Law
There are several types of alternative dispute resolution (ADR) methods which serve as options to litigation in court. The Firm provides services in three types of ADR:
Each method utilizes a neutral third party to assist the parties in resolving their disputes without court intervention. Although similar, there are subtle differences between Arbitration and Mediation while Med-Arb is a combination of the two. For example, in Mediation the Mediator’s role is to aid the parties in attempting to obtain a mutually acceptable settlement.
An Arbitrator has the power to render a decision.
A Mediator is a facilitator, whereas an Arbitrator is a decision-maker.
Another difference is that Arbitration can be binding or non-binding. What this means is that if the parties submit to non-binding Arbitration, either party has the right to reject the Arbitration award and thereafter turn to the courts to make a determination as to the ultimate resolution of their matter. If the parties agree to attend binding Arbitration, the decision is binding on both parties. The parties therefore waive their right to a trial before a Judge.
During the course of a Mediation Session, if the Parties to the dispute arrive at an agreement, a written Agreement is prepared and signed by all of the Parties and the Mediator. This written Agreement is binding and recourse can be sought through the Court for enforcement if necessary.
Med-Arb involves the employment of Mediation in the first instance and in the event of the parties’ inability to come to an agreement, the Mediator assumes the role of a decision-making Arbitrator. Given the complexities of Mediation and Arbitration, we advise that you contact one of our experienced Mediation/Arbitration lawyers.
Banking Law in Grenada is governed by the Banking Act No. 19 of 2005, repealing and replacing the Banking Act 1993 with effect from 1st January 2006, and is non-applicable to offshore banking. The Firm represents major Financial Institutions including:
- Commercial Banks
- Credit Unions
- Other financial related service organizations
Our services include:
- mortgage preparation
- security documents
- financing mergers and acquisitions (domestic and cross-border)
- joint ventures
- equity investments
Our team of lawyers has extensive experience in handling matters such as:
- project financing;
- trade finance;
- letters of credit;
- lease financing;
- capital market issues;
- enforcement of security;
- diverse investment vehicles; and
- guidance and advice on operational, regulatory and compliance issues.
A consumer can be defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing
Consumer protection consists of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of accurate information to the consumer.
Consumer protection law is an area of law that regulates private legal relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, rights to privacy, unfair trade practices, fraud, misrepresentation and other consumer/business interactions.
Consumer protection laws aim to protect the rights of the consumers, and they deal with a wide range of issues including product safety, service and sales contracts, and the protection of certain rights. The laws are designed to prevent businesses that engage in fraud or unfair practices from gaining an advantage over competitors and may also provide additional protection for the weak and those unable to take care of themselves.
Legislation at Grenada which from part of the regime of consumer protection law includes the Food & Drugs Act – Cap 110 of the 1990 Laws of Grenada, the Hire Purchase Act (as amended) – Cap 134 of the 1990 Laws of Grenada, the Standards Act (as amended) – Cap 310 of the 1990 Laws of Grenada , the National Metrology Act – Act No. 18 of 1997, the Health Practitioners Act – Act No. 16 of 2010, and the Legal Profession Act – Act No. 25 of 2011.
In the current climate of rapidly changing financial markets and economies, and the complex weave of rules addressing financing and investment activities, business owners and managers can gain a competitive advantage by partnering with exceptional legal counsel to assist in a wide range of corporate issues – from entity selection and structuring, to accessing capital, to public and private securities offerings, to acquisitions, sales and dispositions. Whether start-up or emerging business or Fortune 500 multi-national, clients rely on Wilkinson’s legal team to provide solutions-oriented counsel, helping our clients to develop and execute their business, strategic and growth plans, successfully and efficiently. We serve as a strategic partner to our clients, adding value though our creative and proactive approach, and our “no-excuses” commitment to client service. Our Attorneys are recognised leaders in their practice areas, and leverage their strong contacts and relationships with top lawyers and professionals, across the country and internationally, to ensure superior local representation wherever it is needed or appropriate in accordance with the Companies Act No. 35 of 1994
Key Service Areas
- Incorporation & registration of companies;
- Registration of business names;
- Preparation of Memorandum of Association and Articles of Association;
- Share transfers;
- Shareholder agreements and debentures;
- Setting up of new business ventures including Joint Ventures;
- Company acquisitions and/or reorganizations;
- Mergers and amalgamations;
- Taxation and financial restructuring;
- Winding up of companies;
- Formation of International Business Companies;
- Drafting of Contracts and other Agreements
There are concessions for business development in Grenada in the following sectors
Some of these areas are:
- Tourism and Hospitality
- Health Education and Wellness Services
- Information and Communication Technology
- Energy Development
Concessions are applied for and obtained through the Grenada Industrial Development Corporation (www.grenadaworld.com).
There is no requirement under the laws of Grenada for a limited liability company to obtain approval from the government even where the company is being incorporated by non-nationals.
However, where real property is to be purchased by a company owned by non-nationals, an Alien (Land-Holding) Licence is required by the company to purchase the property and for the non-nationals to be directors and share-holders in the company.
This area of law is concerned with the enforcement of legal liability to make payment of money arising from a pre-existing legal relationship based on property law, consumer contracts, loan agreements, general contracts or any other area of law in which there is an agreement for payment of money.
We provide representation for parties desirous of enforcing a debt owed to them either through correspondence with the party in arrears, through the commencement of legal proceedings in Court or both.
- A debt amounting to a sum not exceeding $10,000 Eastern Caribbean Currency may be brought to the Magistrate’s Court
- A debt exceeding $10,000 Eastern Caribbean Currency must be brought to the High Court.
Other services provided in this area include:
- Representation for persons resident overseas and/or international or overseas corporations who wish to commence proceedings in Grenada
- Representation for persons resident overseas and/or international or overseas corporations who have outstanding debts and desire to make arrangements with their Creditors
Employment Law is concerned with the regulation of employer-employee relationships, rights, responsibilities and obligations. In Grenada, Employment Law is governed by the Employment Act Cap 89 of the 2010 Laws of Grenada (Revised Edition) and the Labour Relations Act Cap 157A of of the 2010 Laws of Grenada (Revised Edition).
Where there is a dispute between employer and employee, a party may make a complaint to the Labour Commissioner or commence legal proceedings. The Labour Relations Act also provides for employees to be represented by a trade union and/or employers’ organisation.
The Attorneys at Wilkinson, Wilkinson & Wilkinson assist clients through the rules and regulations of Labour and Employment Law which govern the modern-day workplace. We handle all aspects of Labour and Employment Law including but not limited to the following:
- Application for Work Permits and Renewal of Work Permits
- Workplace Complaints
- Workplace Compliance
- Employers’ Liability
- Crisis Management
- Dispute Resolution
- Termination of Employment
Environmental Law is concerned with the regulation of human interference with the natural environment in terms of general interactions such as hunting and fishing regulations as well as the protection of endangered species. It also deals with rules concerning sustainable development strategies in order to ensure the environment is not sacrificed in the pursuit of development. As a state, Grenada would be under several International Environmental law obligations which generally are not enforceable by private parties.
The environmental laws of Grenada are geared at the protection of the natural environment including land and underwater flora and fauna.
The Firm provides services for the needs of all members of the family including:
- Applications for marriage licences
- Matrimonial matters including:
- Separation Agreements
- Pre-nuptual Agreements
- Adoption and Guardianship of Minors
- Change of name applications
Getting Married In Grenada
- Marriage Requirements
- Registrar’s Office
- Ministers and more
The information below outlines the marriage requirements for getting married in Grenada
If the parties intending to get married in Grenada are non-nationals the couple must be resident in Grenada for 3 working days prior to making an application for the marriage licence. Application for a Marriage Licence should be made in person at the Prime Minister’s Office after the necessary stamp duty and licence fees are paid at the Treasury office at the Ministry of Finance or any sub-office of the Ministry. The process takes approximately two days (or slightly longer if any of the parties are divorced, as the documents must then be sent to The Ministry of Legal Affairs for verification).
- Valid Passport(s)
- Birth Certificate
- Decree Absolute (if parties are divorced)
- Non-Marriage Certificate (an affidavit or letter sworn before the Supreme Court Registrar or Notary Public stating that the parties to be married are not presently married to a third person)
- Deed Poll (if any of the parties had changed their names)
If any of the parties are under the age of 18, evidence of parental consent is required in the form of an affidavit.
If the original papers are in a language other than English, they must be translated into English and certified.
No blood test is required to be provided with the application for a marriage licence.
Fees payable to Government of Grenada (subject to change):
Contact Information for Prime Minister’s Office:
Contact Information for Registrar General’s Office
Ground Floor, Ministerial Complex,
A divorce may be granted on the ground that a marriage has been broken down irretrievably.
Divorce proceedings are regulated by the Matrimonial Causes Act 1973 of the United Kingdom which is directly applicable in Grenada. The party commencing proceedings is referred to as the Petitioner, while the other party is referred to as the Respondent. Under the Matrimonial Causes Act, a divorce may be obtained in one of five circumstances:
- Where the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent
- Where the Petitioner has been subjected to unreasonable behaviour on the part of the Respondent
- Where the Petitioner has been deserted by the Respondent for a continuous period of at least two years
- Where the Petitioner and Respondent have been living apart for a continuous period of at least two years and the Respondent has consented to a decree being granted
- Where the Petitioner and Respondent have been living apart for a continuous period of at least five years (there is no requirement of the Respondent to consent to a decree being granted)
Divorce proceedings in Grenada are heard by a Judge in the High Court. We offer legal services in the application and filing of all documentation and representation in the High Court hearings as well as application for Anciliary Relief Orders including:
- Maintenance Orders
- Financial Provision Orders
- Property Adjustment Orders
- Orders for Sale of Property
Adoption and Guardianship
The procedure for adoption is in accordance with the Rules and Regulations of the Adoption Board of Grenada.
Adoption and Guardianship relate to who has the legal parental rights, duties and responsibilities over a minor.
Adoption is the complete and permanent discharge of all parental rights, duties and responsibilities unto another person or persons. In contrast, guardianship may be temporary or permanent and does not preclude complete and irrevocable discharge of parental rights, duties and responsibilities.
In Grenada the legal rights and responsibilities surrounding the registration and regulation of Insurance Companies, Associations of Underwriters, Insurance Adjusters, Insurance Agents, Insurance Brokers and Sales Representatives and issues relating to insurance claims and policies in Grenada arise and are regulated by the Insurance Act No. 5 of 2010 with effect from 26th March 2010.
Insurance Companies are regulated by the Grenada Authority for the Regulation of Financial Institutions (GARFIN).
Requirements for registration
- An overseas registered Insurance Company
- A locally registered Insurance Company
- An Association of Underwriters
Refer to: www.garfingrenada.org
Annual Registration Fees for Intermediaries Payable to GARFIN (subject to change):
|Company of Brokers (with binding/settling authority)
|Company of Brokers (without binding/settling authority)
|Company Agent or Sub-Agent
|Individual Agent or Sub-Agent
PLEASE NOTE THAT REGISTRATION IS AN ANNUAL PROCESS FOR LOCAL AND FOREIGN COMPANIES AND INDIVIDUALS BUT THE PAID-UP SHARE CAPITAL AMOUNT MAY VARY FOR GENERAL INSURANCE COMPANIES AFTER INITIAL REGISTRATION.
Intellectual Property Law regulates the rights of persons or parties over original ideas and information. Since this property is not tangible, surrounding rights must be carefully monitored and protected especially in this modern age where information is easily accessible, replicable and saleable by persons who are not the originators of the property. The Firm provides services for:
- Copyright Law
- Digital Intellectual Property
- Trade Marks
- Merchandise Marks
Grenada has passed new Trademark Legislation and Trademark Regulations which alllows for the registration of local and international trademarks. Grenada no longer re-registers trademarks which were registered in the United Kingdom.
The trademarks services provided include, but are not limited to the following:
- Application for registration of Trademarks;
- Withdrawal or cancellation of Trademarks;
- Renewals of registration;
- Recording of Change of Ownership;
- Recording of Change of Address;
- Trademark Search;
The requirements for the above applications include a notarized Power of Attorney, particulars of the mark and a specimen of the mark if other than a word mark.
The registration of a trademark shall be for a period of ten (10) years from the filing date of the application for registration. The registration may be renewed for a consecutive period of ten (10) years upon filing the requisite Renewal Application and payment of the prescribed fee. A grace period of six (6) months shall be allowed for the late filing of the Application of Renewal and payment of the renewal fee.
We prepare and file applications for registration of patents in Grenada.
The Firm provides representation in all of the Courts in the jurisdiction of the State of Grenada including but not limited to the following areas:
- Applications for Injunctions
- Medical Malpractice Claims
- Nuisance Claims
- Negligence Claims
- Accident and Personal Injury Claims
- Property and Boundary Disputes
- Ancillary Relief Claims
There are four levels of Courts which hear matters in Grenada: Magistrate’s Court, High Court of Justice, Court of Appeal and the Privy Council. There is also the Caribbean Court of Justice (CCJ). However, the CCJ is not the Final Appellate Court for Grenada at this time.
There is at least one Magistrate’s Court in the three Magisterial Districts in Grenada staffed by six Magistrates. The Magistrate’s Court has the competence to hear civil matters of:
- Contract involving claims not exceeding $10,000 Eastern Caribbean Currency
- Tort involving claims not exceeding $7,500 Eastern Caribbean Currency
- Goods or property (other than land) in the possession of or detained by an allegedly unauthorised person where the value does not exceed $10,000 Eastern Caribbean Currency
The High Court of Justice
The Eastern Caribbean Supreme Court is a united association of the Eastern Caribbean jurisdictions consisting of the British Virgin Islands, Anguilla, Antigua & Barbuda, St. Kitts-Nevis, Montserrat, Dominica, St. Lucia, St. Vincent & the Grenadines and Grenada for the administration of justice in these jurisdictions. Each jurisdiction is equipped with its own infrastructure and the law in force is particular to the jurisdiction. However, the Supreme Court procedures are common to all of the jurisdictions. The Civil Procedure Rules 2000 (as amended) are the procedural rules which govern the High Court. The Eastern Caribbean Supreme Court appoints the Judges for each jurisdiction.
The Supreme Court has two divisions. The High Court division conducts first instance hearings of matters. High Court sittings are held in the respective jurisdictions and the High Court Judges are competent to hear every type of matter arising within the jurisdiction. In Grenada there are three High Courts staffed by three High Court Judges. Some civil matters are permitted to be held without the public exhibition of personal information involved in the proceedings of open Court and trial. In such circumstances, matters are heard in Chambers, whether it be before the Master or the Judge, and the only persons present are the Master or the Judge, the parties and their Attorneys.
The Court of Appeal division conducts review of judgments made in the High Court and the Magistrates’ Court. Court of Appeals sittings are rotated among the nine member states and are heard by three Justices of Appeal, including the Chief Justice Madam Justice Janice Perreira.
The Privy Council
The Judicial Committee of the Privy Council is the final appellate Court in Grenada. The Privy Council is physically located in the United Kingdom. Thus, where a matter has gone to the High Court was appealed to the Court of Appeal and there is a desire on the part of a party to the suit that the matter be further reviewed, the Privy Council is the ultimate Board with the highest power to decide upon the legal rights and liabilities of the parties based on the legal principles. The institution of the Privy Council is similar to that of the Court of Appeal in the Eastern Caribbean Supreme Court in that the Privy Council hears matters from thirty-one jurisdictions, namely independent Commonwealth countries, UK overseas territories and British Crown dependencies. The Board of the Privy Council is staffed with members appointed by political authorities in the United Kingdom.
Caribbean Court of Justice
The Caribbean Court of Justice was established to replace the Privy Council in its appellate jurisdiction in the Caribbean and to have an International Tribunal to interpret the Treaty of Chaguaramas. However, to date the Privy Council is still the final appellate Court of Grenada.
This area of law is concerned with all transactions involving property but particularly land and immovable property. Such transactions include:
The Firm provides services in all aspects of Property Law matters including but not limited to:
- Tenancy Agreements
- Sale of Land
- Purchase of property
Where the purchaser is a non-national, there is a requirement for that person or legal entity to obtain from the Government of Grenada an Alien Land-holding Licence of whiich the requirements are:
- Completed Alien Licence Form
- Banker’s reference letters
- Character references
- Police character references (where it is not usual for the Police to give a certificate of character, the Police must give a letter to the effect)
Fees payable to the Government of Grenada upon the purchase or sale of a property are as follows:
- if purchasor is a citizen – nil
- If purchasor is a non-national – 10% of the value of the property
- if seller is a citizen – 5% of the value of the property in excess of EC$20,000
- If seller is a non-national – 15% of the value of the property in excess of EC$20,000
International Law governs peoples from different jurisdictions based on a system of principles developed for uniformity although the jurisdictions may have varying laws that govern their respective subjects.
Public International Law regulates the relations between states and is governed by Conventions and Treaties, general principles developed by jurists, decisions from international tribunals, and custom. There are numerous International Tribunals established to adjudicate in matters of Public International Law, including the Caribbean Court of Justice which interprets the Treaty of Chaguaramas.
Private International Law regulates the relations between legal persons with rights, responsibilities and obligations arising in different states. It is primarily concerned with determining which singular jurisdiction is most competent to have its Courts hear the matter and apply its law, and for this reason it is also referred to as Conflict of Laws. Thus, Private International Law may concern any area of substantive law, so long as the disputants have rights, responsibilities and/or obligations in different states with different laws.
We provide services in the following areas:
- Competition in Telecommunications
- Internet Law and Governance
- Legal Issues in Cyberspace
- Online Commerce
- Technology Law
Our areas of expertise include:
- Service Providers