Probate & Estate Administration
EFFECTIVE AND SKILLFUL REPRESENTATION YOU CAN RELY ON
PROBATE AND ESTATE ADMINSTRATION
Your loved one has passed away and you have some questions about having their assets transferred to you, Our Office can help you. Once a person dies, they would have died either testate (leaving a will) or intestate (leaving no will). The persons entitled to the assets of the deceased person or the testator are called the beneficiaries. There are some assets that the deceased owned that will not be able to be transferred to the beneficiaries for some reason or another, our office will advise you what assets are capable of being transferred.
Here is a list of commonly asked questions.
Whether the testator dies testate or intestate the process if fairly the same. You will need to provide our Office with the Death Certificate of the testator. A list of the assets and debts of the testator will have to be compiled. If you are unsure of all the assets that the testator owner had when he/she died, we can assist you reaching out to institutions such as the Bank and Insurance Company to verify the assets of the testator.
If you are able to locate the titles and certificates of ownership of the assets of the testator that are known to you, we recommend that you bring these along with you to your consultation visit. Whether the Testator died testate or intestate our office will apply to Court on your behalf and extract a Grant of Representation from the Court, this will allow the individual named in the Grant ( called the Personal Representative) to administer the assets of the deceased. After the debts of the testator have been paid off then the balance of the assets will be distributed to the beneficiaries by the person named in the Grant of representation.
You will have to keep in mind that some or all of assets in the estate of the testator may have to be sold to pay off the debts of the testator. You will have to pay taxes and duties payable on death to the Tax Administration of Jamaica (TAJ) before any of the assets of the testator can be transferred to you. If these are paid within the first year of the death of the testator then the usual rate set by the TAJ applies, if they are paid after the first year then penalties will apply. The amount of taxes and duties are dependent on the value of the assets of the testator as at the date of his or her death. You may be exempted from paying certain taxes and duties. We will advise you if you qualify for any exemptions.