Forged Wills and Fraudulent Probate in Jamaica: When the Deceased’s Estate Is Hijacked Before It Can Be Distributed

• Forged wills and suppressed genuine wills are used to redirect estate property to unentitled persons in Jamaica
• A grant of probate obtained on the basis of a forged will can be revoked by the court upon proof of the fraud
• Any person with a financial interest in an estate can enter a caveat at the probate registry to delay the grant of probate while allegations of fraud are investigated
• Witnesses and professionals who knowingly attest or certify a forged will face criminal prosecution
• The Supreme Court has jurisdiction to pronounce against a will alleged to be a forgery and to substitute a genuine will or the rules of intestacy

A will is only valid in Jamaica if it is made by a person of testamentary capacity, in writing, signed by the testator, and witnessed by two independent witnesses who sign in the presence of the testator. The formality requirements exist precisely to prevent fraud, but they do not eliminate it. Forged wills — documents purporting to be the testamentary wishes of a deceased person but fabricated after their death — have been submitted for probate in Jamaica in cases where the true beneficiaries under the laws of intestacy, or under a genuine earlier will, were not positioned to challenge the application quickly. In other cases, a genuine will is suppressed by a person who has access to the deceased’s papers and would fare better under an earlier will or under intestacy, and a different instrument — either an earlier will or a fabricated one — is submitted for probate. The probate registry does not independently investigate the authenticity of a will before granting probate; it relies on the sworn declaration of the applicant and the appearance of the document.

Challenging a Suspicious Probate

Any person with a legitimate interest in an estate — as a named beneficiary, an intestate heir, or a creditor — can enter a caveat at the probate registry to prevent a grant of probate from being issued while they investigate concerns about the validity of the will. A caveat does not resolve the underlying dispute but provides time to obtain legal advice and, where the evidence warrants it, to commence proceedings to have the probate refused or revoked. An action to set aside a grant of probate on the ground of forgery or fraud is brought in the Supreme Court, which has the power to pronounce against the will, revoke the grant already issued, and substitute the provisions of a genuine will or the rules of intestacy. The evidence typically required includes handwriting expert testimony, evidence about the circumstances of the alleged signing of the will, and testimony from persons present at or shortly before the death about the deceased’s wishes and capacity.

Protecting Estates Against Will Fraud

The best protection against will fraud is for individuals to make a valid, properly witnessed will and to deposit it with their attorney or notify trusted family members of its location so that it cannot be suppressed after their death. Persons who have been told by family members that a deceased relative made a will, but who are presented with a different document or told that no will exists, should seek legal advice immediately before any probate proceedings are commenced. Beneficiaries who receive notice that probate is being applied for and who have concerns about the will being submitted should file a caveat without delay and consult an attorney on the GLC’s register at generallegalcouncil.org. Time is critical in probate fraud cases because once a grant is issued and the estate begins to be distributed, reversing the process becomes progressively more difficult.

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