Executor Fraud: When the Person Handling a Jamaican Estate Steals From the Beneficiaries

• Executors are selling estate property and retaining proceeds rather than distributing to beneficiaries.
• Administrators of intestate estates face similar accountability gaps in informal family arrangements.
• Beneficiaries have the right to demand estate accounts from the executor at any time.
• A court can remove and replace an executor who fails to account or acts dishonestly.
• Executors who misappropriate estate funds face personal liability and criminal prosecution.

The executor of a will — or the administrator of an intestate estate — is a fiduciary: someone who holds and manages assets for the benefit of others. In Jamaica, as elsewhere, this position of trust is sometimes abused. Executor fraud takes many forms: selling estate property below market value to a connected buyer; retaining sale proceeds instead of distributing them to beneficiaries; collecting rental income from estate property and failing to account for it; or simply delaying the administration of the estate indefinitely while the executor continues to benefit from the estate’s assets.

The problem is particularly acute in large family land estates, where there may be many beneficiaries, the executor may be a single family member who has taken on the role informally, and the other heirs — particularly those overseas — may have limited visibility into what the estate contains and what has been done with it. An executor who acts unilaterally, without keeping proper records or consulting the other beneficiaries, may be acting dishonestly or may simply be failing in their legal duties — the practical effect on the estate is often the same.

Beneficiary Rights and Remedies

Beneficiaries of a Jamaican estate have the right to demand that the executor provide accounts of the estate: what assets were collected, how they were managed, what debts were paid, what distributions were made, and what remains. An executor who refuses to produce accounts, or who produces accounts that are clearly incomplete, can be brought before the Supreme Court, which has jurisdiction over estate administration. The court can order the production of accounts, compel distribution, and in cases of serious misconduct remove the executor and appoint a replacement.

Beneficiaries who have reason to believe that estate property has been sold or that funds have been misappropriated should consult a licensed attorney promptly. Where the estate includes registered land, a title search through the eLandJamaica portal will confirm whether the property has been transferred or mortgaged, and to whom. Evidence of a fraudulent transfer can form the basis of both a civil claim against the executor and a criminal complaint to the Jamaica Constabulary Force.

Follow Jamaica Homes on Youtube @jamaicahomes and Instagram @jamaica_homes and on Facebook @jamaicahomesnews Send us a message or email us at onlinefeedback@jamaica-homes.com or editor@jamaica-homes.com