joint tenancy tenancy in common Jamaica

The distinction between joint tenancy and tenancy in common has significant implications for what co-owners can do with their share of a property. Fraudsters have exploited misunderstanding of these arrangements to purport to sell entire properties without the consent of all co-owners, or to manipulate surviving co-owners out of their rightful inheritance under the right of survivorship.

Deceased estates that contain real property are particularly vulnerable to fraud during the period between a person’s death and the completion of the probate or letters of administration process. Heirs who sell property before they have legal authority to do so, and fraudsters who exploit family disputes to acquire estate property at below-market prices, create significant title problems for buyers.

Partition proceedings in Jamaica allow any co-owner of land to apply to the court for a physical division or a sale of jointly held property. This legitimate legal mechanism has been exploited by fraudsters who manipulate the process to force disadvantageous sales of family land. This report explains the risks and how co-owners can protect themselves.

The substitution of fraudulent wills in Jamaican probate proceedings has allowed connected parties to direct inherited property away from genuine beneficiaries. This report examines how forged testamentary documents are constructed and used, and the legal remedies available to defrauded heirs.