Legal News. Who should get what or how much of the estate of a deceased family member (referred to as “dead lef” by Jamaicans) accounts for much of the family feuding that occurs when someone dies without leaving a Will (known as dying intestate).
Avoid family feuding
Most Caribbean people will undoubtedly know someone whose experience of dealing with the estate of a deceased family member is not one that they would wish on their worst enemy. On occasions family feuding will have started even before the dearly departed has been laid to rest. Knowing this, why then do so many Caribbean people continue to return to their Maker without leaving written instructions as to what should happen to their worldly possessions after they’ve gone.
Courtesy www.btpsolicitors.co.uk
Do it right
Although ‘home made’ Wills can be acceptable, provided that they have been properly drawn up and executed, it is advisable to seek legal advice when making a Will. If you’re a parent of young children, your Will should state who you wish to appoint as guardian(s) to take care of them should you pass away. Your Will can include the setting up of trusts to deal with your children’s inheritance until they become of age to be able to deal with their own affairs. There are many more circumstances where your specific wishes can be made laid down in writing.
Excuses! Excuses! Excuses!
The reasons given for not making a Will are varied, depending on who you ask. Some people claim that making a Will is tempting fate, while others say that they don’t have anything to leave so there is no need for them to have a Will. And then you have the hardcore group who state that as they’ll be dead they won’t care what happens to what they leave behind. Although each to his own, there is no evidence to support that you will die shortly after making a Will. Those who don’t think they have anything to leave will be surprised if they look closely at their surroundings, personal possessions, and in some instances, bank accounts. As far as the hardcore group are concerned, a drastic change in this selfish mindset is required.
UK/Caribbean Wills
Many people with property in the UK and the Caribbean get confused when it comes to making Wills. This is not helped by the fact that UK solicitors who are unfamiliar with Caribbean law often tell Caribbean people that they need to have two separate Wills for each jurisdiction. This is not necessary. A Will made in the UK can incorporate your estate in the Caribbean. The Will is first probated in the UK and your estate distributed in accordance with your wishes before the Will is then sent to the Caribbean for resealing and the process repeated. You can choose to have two separate Wills if it is more financially viable for you to do so for tax purposes; one Will to cover your estate in the UK and the other to cover your estate in the Caribbean. However, where this is done, it is imperative that each Will makes clear that it relates ONLY to your property in the jurisdiction in which that Will has been made. Failing to state this could lead to the most recent of the two Wills being deemed to have been your last and final Will. This could lead to your estate in one jurisdiction being distributed against your intended wishes.
Prevent Government intervention in your affairs
Maureen Smith, Founder of Tropical Connections
The reality is that when you die without making a Will the Government can decide on what happens to your estate. Now isn’t it worth making a Will, if only to prevent this from happening? Remember, these are the very same people who take a lot and give very little. And don’t forget that in the absence of a Will certain people may inherit from your estate that, if you had a say on the matter, wouldn’t get one red cent from you. Don’t leave family members to have to grieve twice, make your last wishes known by making a Will. You’ll rest better for it.
Putting your affairs in order
In addition to a Will, there are some other important documents that should also be considered as part of the process for putting your affairs in order while of sound mind. These include a Lasting Power of Attorney and a Living Will (also known as an Advance Directive). (Separate articles providing information about both of these important documents will be available soon).
Article by Maureen Smith, Founder of Tropical Connections, a UK-based company that specialises in providing a range of property services for the Caribbean.
