Chuck wants all JPs to make wills, saying they must lead by example

Western Bureau:

Justice Minister Delroy Chuck wants justices of the peace (JPs) to seriously consider preparing their last will and testament to prevent disputes and legal wrangling among family members after their deaths, a feature that has been known to spark extreme violence in the so-called fight over ‘dead lef’.

Chuck, who was speaking in Montego Bay, St James, on Tuesday, during a JP sensitisation session at the Iberostar Wave Hotel, emphasised the urgency of the matter, especially since he wants JPs to lead by example.

“One of the things I really intend to do is to make sure every justice of the peace, regardless of how old they are, makes a will,” said Chuck. “You should do it, now that you have seen the importance of making a will. You have also seen the problem it can cause when you don’t make a will.”

In defending his stance on the matter, Chuck cited numerous cases in which the absence of a will has led to deep-rooted family conflicts, particularly over land and property, some of which escalated into violence.

In offering guidance as to how the matter should be handled, Chuck also called for the legal fraternity to become a part of the process by assisting Jamaicans in securing their estates without charge.

“All lawyers should also make wills for their clients, free of charge. It’s a simple one-page document,” said Chuck.

To ensure that their wishes are properly safeguarded, Chuck said persons who have made wills must inform the executor of their will of their role in ensuring the smooth execution of the testator’s wishes.

“I was made an executor since 1992, but I only found out this year when the person died,” said Chuck, in highlighting some of the complications that can arise from a lack of communication.

The sensitisation session for the JPs formed part of the ministry’s ongoing drive to empower them with legal tools and community leadership skills. It also supports the Government’s broader effort to promote alternative dispute resolution, restorative justice, and orderly inheritance practices.

Chuck said JPs are not only symbols of justice, but must also become champions of legal awareness, especially on critical personal matters like the preparation of the last will and testament.

A will (or last will and testament) is a legal document that outlines how a person’s assets and property should be distributed after their death. It can also include funeral wishes, guardianship of children, and who will manage the estate (executor).

The key elements of a will are as follow:

· Testator: Person making the will.

· Beneficiaries: Individuals or organisations receiving the assets.

· Executor: Person responsible for carrying out the will.

· Assets: Property like money, land and vehicles.

· Witnesses: Two adults (not beneficiaries) who sign to confirm the will was made voluntarily.

The importance of a will includes:

· Ensuring property goes to the right people.

· Preventing family conflicts and legal delays.

· Appointing a trusted person to handle affairs.

In Jamaica, a valid will must be written, signed, and witnessed by at least two non-beneficiary adults.

Albert Ferguson