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Supreme Court of Turks and Caicos Islands

The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies such as the National Insurance Board and the Liquor Licensing Board; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.

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1 judgment

Citation	Judgment date
March 2022
Donna Lynn Castellano v Mavis Louise Allison Clark (CL 158 of 2019) [2022] TCASC 1 (7 March 2022) Summary judgment refused because the question whether a separation agreement revoked the will (a Manitoba law issue) is triable. * Civil procedure — Order 14 summary judgment — application to counterclaims — requirement that defendant show no triable issue.* Conflict of laws — contractual clause selecting Manitoba law — effect on revocation of Will.* Probate and administration — whether separation agreement revokes testator’s will and consequent entitlement to letters of administration.* Forum conveniens — prior Manitoba ruling on forum did not decide applicable law issue.	7 March 2022

Citation

Judgment date

March 2022

Donna Lynn Castellano v Mavis Louise Allison Clark (CL 158 of 2019) [2022] TCASC 1 (7 March 2022)

Summary judgment refused because the question whether a separation agreement revoked the will (a Manitoba law issue) is triable.

* Civil procedure — Order 14 summary judgment — application to counterclaims — requirement that defendant show no triable issue.* Conflict of laws — contractual clause selecting Manitoba law — effect on revocation of Will.* Probate and administration — whether separation agreement revokes testator’s will and consequent entitlement to letters of administration.* Forum conveniens — prior Manitoba ruling on forum did not decide applicable law issue.

7 March 2022