Why you need a will

Why Every Jamaican Needs a Will — Even If You Only Own One Asset

In Jamaica, far too many people pass away without having a will in place—often because they assume they don’t own “enough” to justify one. But the truth is, every individual who owns even a single asset should have a will. A will is not just for the wealthy or elderly; it is a crucial legal document that allows you to say how you want your property to be distributed after your death.

What Is a Will?

A will is a written document that outlines your instructions for how your assets—such as land, a house, money, a car, or even household items—should be distributed after you die. It also allows you to name an executor, the person responsible for carrying out those instructions. If you have minor children, a will also lets you name a guardian to take care of them in the event of your death.

Why Parents of Minor Children Especially Need a Will

If a parent of children under 18 dies without a will, the Administrator-General steps in to manage the estate. The assets cannot be distributed until **all the children reach the age of majority**, which can create delays, hardship, and uncertainty for surviving spouses and dependents. During this time, the spouse cannot access the assets freely and may face prolonged legal processes.Having a will avoids this. It ensures your children and your spouse are provided for in the way **you** decide, not according to bureaucratic rules or court timelines.

What Happens If You Die Without a Will?

If a title has been lost, stolen, or destroyed, an application may be made for a duplicate certificate of title. This involves filing a statutory declaration and meeting the Registrar’s requirements.

If you are married with no children:

• Your spouse gets two-thirds of your estate;
• The remaining one-third goes to your parents. If your parents are deceased, their share may go to your siblings.

If you are married with children:

• Your spouse gets one-third;
• The remaining two-thirds is shared equally among your children, regardless of your relationship with them.

If you are separated but not divorced:

• Your legal spouse still benefits under the law, even if you have been separated for years or are in a new relationship.

If you are cohabiting with someone but still legally married to another person:

• Your legal spouse, not your current partner, will inherit your estate.

If you are estranged from your children:

• Your children will still benefit, even if you haven’t spoken in years.

The law leaves no room for personal circumstances. That is why a will is critical—it allows you to override the standard rules and make your own decisions about who should benefit from your estate.

Why You Should Have a Will

• You decide who gets what—not the government.
• You can ensure your spouse and children are properly provided for.
• You can name someone you trust to manage your estate.
• You can avoid costly delays and complications for your loved ones.
• You can appoint a guardian for your minor children.
• You can prevent disputes and confusion after your passing.

Don’t Leave It to Chance

Whether you own land, a car, a bank account, or even a small business—you need a will. The cost of preparing one is small compared to the expense and stress your family could face without it.

Speak to an attorney today about drafting your will. It’s one of the most important acts of love and responsibility you can leave behind.