Fraudulent Will Substitution in Jamaica: How Forged Testamentary Documents Are Used to Steal Inherited Property

• Forged wills substitute genuine testamentary instructions with documents benefiting the fraudster
• Fraudsters exploit the probate process by filing false wills before genuine beneficiaries are aware
• Attorneys facilitating probate of forged wills face disbarment and criminal prosecution
• Property transferred based on a fraudulent grant of probate can be recovered by genuine beneficiaries
• Administrator General’s Department administers estates where no valid will exists, providing a safeguard

The probate system in Jamaica, administered through the Supreme Court, is the mechanism by which a deceased person’s estate is legally confirmed and distributed. Where a person dies leaving a will, the executor named in that will applies for a grant of probate, which gives them authority to administer the estate. Where no will exists, the Administrator General’s Department or a family member applies for letters of administration. Fraudsters have exploited the probate system by producing forged wills that name themselves or their associates as principal beneficiaries, particularly in estates containing valuable land. Because the probate court does not have the resources to independently verify the authenticity of every will submitted, and because the examination of witnesses and formalities relies heavily on the honesty of the parties, forged wills have in some cases been admitted to probate and acted upon before genuine beneficiaries were aware of the proceedings.

How Forged Wills Are Detected and Challenged

Forensic document examination — the same tools used to expose fabricated property instruments — can reveal that a purported will was not executed when it claims to have been, or that the testator’s signature was fabricated. Witnesses who are identified in a forged will may deny having been present at the execution, providing direct evidence of fraud. Medical records can establish that a testator who was terminally ill at the time the will claims to have been executed lacked the capacity to have done so. Where a grant of probate has already been issued on the basis of a forged will, the Supreme Court can be petitioned to revoke the grant and to substitute the genuine testamentary document or, if none exists, to issue letters of administration. The court also has power to direct that any property transferred out of the estate on the basis of the fraudulent grant be recovered, provided that the transferee was not a bona fide purchaser for value without notice.

Preventive Measures for Testators and Families

Persons with significant property interests should take specific steps to reduce the risk that their testamentary intentions will be subverted. The will should be executed before at least two independent witnesses who are not beneficiaries, and a copy should be lodged with the attorney who prepared it as well as with a trusted family member. Where possible, the will should be registered with the Registrar of the Supreme Court or deposited with a reputable institution so that its existence and contents are publicly traceable. Families who become aware that a will has been submitted to probate that they believe to be fraudulent should immediately enter a caveat in the probate registry, which prevents any grant from being issued until the dispute is resolved. A complaint to the General Legal Council is also appropriate where an attorney appears to be facilitating the probate of a document they know or ought to know is false.

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