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Seven Things to Know About Wills

A guide to making a proper Will in Jamaica

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1. Your "to-do" list

A Will is a list of all your wishes that are to be carried out after you die. Think of it as a 'to-do list" for your loved ones to sort out.

2. Your peace of mind

The person who makes a Will is called a testator. Making a Will gives you peace of mind about who gets the things you own. When you make a Will, you get to:

☑ Choose who gets your things.

☑ Put someone you trust in charge of getting everything done.

☑ Put things in place for those who depend on you, your family and friends.

☑ Give instructions about your final resting place, funeral and other expenses.

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3. Ease your family's stress

Making a Will eases the stress that loved ones go through when you die. When you leave a will, they know exactly what you want. If you do not make a Will, the law dictates who gets a share of the 'dead lef'. This means someone who you want to get something may end up getting nothing.

Sharing the 'dead lef' takes a longer time when there is no Will and can cause hardship for anyone who was in your care.

4. Legal standards

A proper Will must:

☑ Be in writing

☑ Be signed by you in the presence of two witnesses who must also sign

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5. Plain and simple

A Will can be made by writing on paper with a pen or typing it. When you are making your Will:

☑ Use words that are plain and simple.

☑ You do not need to use fancy legal words.

☑ Give details that will make it easy to know or find the gifts.

6. Who you put in charge

You need to put one or two people you trust in charge of the Will. These are the executors. Their job is to take full control of all the things you leave behind and make sure your wishes are followed. This is a big responsibility, so choose carefully!

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7. Two witnesses

You must have two adults present to see when you are signing your Will. After they witness the signing, they must both sign the Will in front of you. It is better to choose two people who are not getting any 'dead lef'. If they are getting 'dead lef', the law will presume that they pressured you for it and they will have to prove that they did not. This could slow down the process or stop them from getting any of the 'dead lef'.

There is no rule against asking an executor to be a witness but it is not a good idea if you want them to get any of the 'dead lef'. Remember that anybody who is a witness and getting 'dead lef' will have the hard task of proving they did not pressure you to give them anything in the Will.

📄 Sample Will Template

Need help getting started? We've prepared a sample Will template to guide you through the process.

📥 Click here for a sample Will to guide you

For more information:

Visit the Administrator-General's Department at:
The Office Centre Building
12 Ocean Boulevard
Kingston

or

NHT Building (Second Floor)
42B Union Street
Montego Bay

Call:
Flow: (876) 922-1830–3

Digicel: (876) 618-1542

WhatsApp:
876-552-0054

Email: admingen@agd.gov.jm
Website: www.agd.gov.jm

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