QUESTION: Dear Legal Wiz,
Can you look up and tell me what documents need to be registered in Jamaica? I cant find that information online anywhere. A friend of mine died leaving me property in their will. I tried to probate the will, and my friend’s relative told me he can get the land as the will was not registered. Can this happen?
Lorna Mae
RESPONSE: Dear Lorna Mae,
There is more than approach to your question, and ultimately you will need to rely on an attorney to assist you. To find out more on the documents that MUST be registered with the Registrar General Department (specifically at the Island Record Office) of Jamaica, you can read the The Record Office Act Chapter 335 Law 52 of 1955, section 2. The list covers:
PUBLIC RECORDS: to include rolls, writs, books, proceedings, statutes, decrees, wills, warrants, accounts, papers and documents of a public nature.
DEEDS AND WRITINGS: These legal instruments are created to grant a privilege or right to someone. The most common deed is to transfer title to real estate from one person to another. Generally however, deeds and writings to be be registered at the Registrar General’s Department include wills, conveyances, charters, bonds, bills of sales, patents, certificates, letter patent, specifications, petitions, declarations, disclaimers, memoranda, powers of attorney, crop and other accounts, inventories, maps plats.
In Jamaica, a process that becomes necessary for the Will to be recognised is Probate and the attorney upon whom you rely can assist, especially where relatives of the deceased challenges you. To probate the will, the attorney can make application through the Supreme Court, or otherwise he/she will apply for administration with the will annexed if that is the process that becomes necessary.
Legal wiz
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