We are often reminded to make plans for the future but, how far into the future do you plan? Some persons think making plans for their transition to the afterlife is going too far and amounts to summoning death. For those who think planning is wise, and will help their family to adjust, the common approach is to use a will.
A will is a written document outlining how you would like your affairs to be handled after you have passed. It sounds simple; however, Jamaica has specific requirements that must be met for your will to be valid.
The key players in your will
You a.k.a. the Testator
Are you sure about the spelling of your name? It might seem basic but many persons do not use the name that is actually on their birth certificate, and even have the incorrect name on their government issued identification. They might even say what is on their identification is correct, and not what is on their birth certificate.
How old are you, and does this age match your birth certificate? Jamaica requires persons to be at least 18 in order to make a valid will.
Did you get married after you made your will? Generally, your will becomes invalid after you get married.
The Beneficiary
You are free to choose the person(s) you would like to take ownership of your assets. It is important to bear in mind that you can only give what is yours. Many times, persons claim ownership to assets without realizing they do not actually own it, or simply have no claim to the asset they want to give away.
The Executor
This is the person you have chosen to be in charge of your affairs and to ensure your wishes are done after you have passed. This is a serious role, and requires the person appointed to act with integrity. If you choose to appoint more than one executor, they are generally expected to work together. If your executors pass before you, it is wise to create a new will and appoint new executors. A new will generally makes the old/previous will invalid.
The Witnesses
These are the persons who will confirm that you in fact signed the will in their presence, or confirm that you authorized someone to sign the will on your behalf. Jamaica requires at least two witnesses. Your witnesses cannot also be a beneficiary.
How to make a valid will
Jamaica has specific requirements:
You might be thinking it is 2022, and you are technologically savvy so you will just make an audio recording of your wishes to be used as your will. Do not. Jamaica specifically requires your will to be in writing. Your audio may be considered as extra evidence of your wishes but will not amount to a valid will in Jamaica.
You a.k.a. the testator must sign at the foot or end of the will. Your witnesses must all be present together, when you sign. If you are unable to sign yourself, there are other considerations. The reason you are unable to sign matters.
Your witnesses must also sign the will in your presence.
What can go in your will?
Not only can you give away your assets but you may also state what you would like to be done with your body. You may also include your desires regarding the custody of your minor child, and make arrangements for the payment of your debts.
Your will only comes into effect after you have passed. Since you will not be physically available to explain what you intended, it is wise to ensure your will can survive any challenges. Persons may seek to challenge your will either because they are in shock that you left nothing for them or not enough, or they think you were forced to sign the document. Next week’s article will highlight common issues which our courts had to resolve. Land tends to cause the most problem.
Until next time, stay safe.
Disclaimer by the author: Nothing in this article is to be taken as legal advice. You should consult an attorney regarding your specific case. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.