Kingston, Jamaica — 28 February 2021
Many Jamaicans believe that estate planning is something reserved for the wealthy. The word estate carries, in the popular imagination, a sense of untold riches and sprawling properties that belong to another class of person entirely. In law, the word means something far more ordinary: the net worth of an individual, which includes everything they own, from a home to a savings account to a car to a piece of jewellery. If you own anything of value, you have an estate. And if you have an estate, a will is not optional. It is essential.
The Two Types of Will in Jamaica
There are two distinct documents that fall under the term will in Jamaican legal practice. The first, and most familiar, is the last will and testament. This is the document that specifies how your assets are to be distributed after death, names the executor who will carry out those instructions, and can include provisions for the guardianship of minor children. The second is a living will, which is a document that sets out medical and personal care wishes in the event that a person becomes incapacitated and cannot communicate those wishes themselves. Both serve different purposes and both deserve serious attention, particularly as Jamaica faces rising rates of chronic illness that increase the likelihood of a period of incapacity before death.
Why a Will Matters for Property Owners Specifically
For Jamaicans who own real estate, a will is particularly critical. Under Jamaican law, if you die without a will and without direct descendants or a spouse, your property does not automatically pass to extended family. Where no qualifying relatives can be identified, the residuary estate passes to the Government as bona vacantia. That is not a theoretical risk. It is a legal outcome that applies to estates where no eligible beneficiaries come forward under the intestacy rules. A will prevents that outcome by naming who receives the property regardless of whether they fall within the statutory hierarchy.
For parents of young children, a will is also the mechanism for establishing guardianship. Who cares for minor children if both parents die? How should their education be funded? At what age should they have access to any inherited assets? These are questions a will can answer and that the intestacy rules cannot. Without a will, the court decides. With one, the parent decides.
When to Make a Will and When to Update It
The best time to make a will is as soon as a significant life change occurs: buying a home, getting married, having a child, starting a business, or acquiring any asset that matters. A will made at one stage of life should be reviewed and updated as circumstances change. Marriage in Jamaica automatically revokes a prior will unless it was made in contemplation of that specific marriage. Divorce does not automatically revoke a will but alters the context in which its provisions operate. A new property, a new child, or the death of a named executor or beneficiary are all triggers for review.
The barriers to making a will are smaller than most Jamaicans believe. A basic will form is available for free through the Administrator General’s Department and at pharmacies across the island. A lawyer can draft a more comprehensive document for a fee that is modest compared to the cost of the disputes it prevents. The decision to make a will is not a confrontation with mortality. It is an act of responsibility toward the people who will survive you and toward the assets you have worked to acquire.
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