Fiat Testamenta (or Let There Be Wills): BVI Courts recognise foreign wills created by oral decree of Sharia Court

Abstract

This article considers the recent case of Al-Thani v Al Thani BVIHCMAP 2021/0001 (BVI HCV 2019/0001), in which the High Court of the Territory of the Virgin Islands (“BVI”) and the Eastern Caribbean Court of Appeal in the Territory of the Virgin Islands (the “Court of Appeal”) enforced the oral will of a Sharia Court of Qatar, which that foreign court decreed to have been made by a member of the Qatari royal family. In this article, the authors from Ogier, who acted for the successful party at first instance and on appeal, describe the issues arising from those proceedings.