- August 6, 2018
- Posted by: Admin
- Category: Legal
How to Probate a Will In Jamaica-From the Perspective of Property Lawyers In Jamaica
As Property lawyers in Jamaica clients come to us wishing to sell property granted to them by way of will. However, too many people believe that once a person dies leaving a Will they automatically inherit the gift under the will. This is far from the truth. Under the laws of Jamaica, no property of the deceased can be sold or transferred to his beneficiaries without a Grant of Probate. To obtain a Grant of Probate, The Will must be tested and proven to be valid by the court. This process is referred to as probating a Will.
How Long Does It Takes to Probate A will In Jamaica
As with most court processes, clients are often concerned about how long it takes to probate a Will. This depends heavily on factors such as the volume of cases that the court may have to deal with around the time of your application, and the competency of the lawyer who is retained. Most property lawyers in Jamaica practiCe probate as well, so you should have no difficulty locating one.
How to Probate A will In Jamaica
The application is made in the Supreme court by the Executors or one of the Executors named in the Will. Therefore, it is the person or persons named as Executors or one of the Executors in the Will of the deceased, who have priority to probate the Will. These persons have the right to enlist the assistance of a property lawyer to make the application for Grant of Probate on their behalf.
It should be noted, however, that if you are one of the Executors and the other Executor express no interests in applying for the Grant of Probate then you will need to inform your lawyer. The reason you would do this is to prevent the drafting of the application in your joint names.
If one of the Executors express no interest in applying for Grant of Probate the lawyer will prepare a Renunciation of Probate Document for that Executor to sign in the presence of a Justice of the Peace or Notary Public, depending on where he or she is located. This document essentially would state that the executor renounces his executor-ship.
What your Lawyer Will Need from You
To start the probate process, your lawyer may ask you to take a list of documents at the first consultation. These include the following:
- A list of all the deceases assets
- Certified copy the Death Certificate of the deceased.
- The original will of the deceased. If only a photocopy is will is available, then the probate lawyer will apply to the court to use the photocopy Will.
What Your Probate Lawyer Will Do
The lawyer will need to advertise for creditors. The purpose of this is to ascertain whether the deceased died indebted to anyone. Proof from any persons who claim to be debtors will be needed to protect the estate from fraudulent claims.
Your lawyer will then draft the necessary documents which include: The Oath of Executor and Grant of Probate and other miscellaneous documents such as Affidavit of Plight and Condition, Affidavit of Due Execution and Affidavit of Delay; Revenue Affidavit.
The Revenue Affidavit must be lodged with Tax Administration Jamaica, Stamp Duty & Administration Tax Division, so that estate duty/transfer tax can be assessed. Estate duty is assessed is based on their value at the date the decease’s death, and to determine if any such duty is, in fact, due on the estate.
The Stamp Duty rates on an application for Probate and Letters of Administration in the Supreme Court are as follows:
- When the net value of the estate does not exceed $10 million — $5,000
• Above $20 million and below $30 million —$10,000
• Above $30 million and below $40 million —$15,000
• Above $40 million — $25,000
DISCLAIMER:
The contents of this article are for informational purposes only. It must not be relied upon as an alternative to legal advice from your own attorney.