Today, being Easter Monday we again bring you the series on Writing a Will In Jamaica.
NO SPECIAL FORM is necessary to prepare your Last Will in Jamaica, but the law does outline specifically how attestation and execution should be done and presented.
[A Will must be interpreted only according to the words used in it; great care must be exercised by the Testator (that is the person who is making the Will) to express his wishes in plain, intelligible language. The Testator should avoid the USE of technical legal phrases, he should write plainly and distinctly.
Attention to the following directions as stipulated in the Wills Act will enable a testator to observe the formalities required by law and to ensure that his intentions are capable of being effected. In cases where the dispositions (gifts) intended to be made by a Testator are not simple, as for instance where he or she wishes to tie up a portion or the whole of property for some persons lifetime or during some persons minority i.e. – Administrator General Department]
However care is critical where attestation and execution is concerned, as these follow a particular requirements and format. A Will is as good as its interpretation, according to the words used in it – the wordings.
The Testator (person making the Will) must be clear and straightforward as possible. Above all, the directions/ requirements outlined in the Wills Act of Jamaica must be satisfied.
On this site, we are publishing what we have dug up about the actual requirements to making a Will that is legal in Jamaica.
When the gifts intended by the Testator are not simple, relying on an attorney-at-law is strongly recommended. These circumstances include gifting a portion of property for the lifetime of a person, or to a minor, where the Testator intends to create a trust.
Here is form only where the testator wishes to divide his property specifically and absolutely amongst his children and/ or other objects.
Next: What may be devised or bequeathed by a Will
EDITOR’S NOTES: The above does not constitute legal advice. Inhouse senior journalists research and discuss with specialists eg attorneys-at-law, as necessary before posting responses. In conclusion, names are changed at times by request.
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