Dad died afterwards abrogation a will…
DEAR MRS MACAULAY,
I am autograph to you from the United Kingdom and aggravating to authorize a bigger compassionate of Jamaica law surrounding dying intestate. My ancestor died on 2/9/2021. He was a British civic who absitively to alive in Jamaica and resided there for 10 years. He died intestate. I am his earlier babe and his abutting of kin. I am disturbing to acquisition a apostle and this is my aboriginal hurdle as I am in the UK. I’m not abiding if this is a action I can do myself afterwards a lawyer.
I would alluringly like to accept his appellation transferred to my name so I can booty affliction of his abode with an abstraction of renting it.
The acceptation of ‘intestate’ in Black’s Law Concordance is “to die afterwards abrogation a will”. A actuality is said to die intestate back he dies afterwards authoritative a will, or dies afterwards abrogation annihilation to affirm what his wishes were with account to the auctioning of his acreage afterwards his death. Beneath such circumstances, State law prescribes who will accept the decedent’s property. The laws of intestate assumption about favour the spouse, accouchement and grandchildren, and again move to parents and grandparents and to brothers and sisters.
In Jamaica, the law which deals with intestate estates is the Intestates’ Estates and Acreage Charges Act. This Act defines “intestate” as including a actuality who leaves a will but dies intestate apropos some benign absorption in his absolute or claimed estate. This agency that in accession to the dictionary, a actuality who leaves a will but leaves out of it some of his property, absolute or personal, would abatement into the class of actuality ‘intestate’ in affiliation to the backdrop he bootless to accord with in his will. Therefore, in adjustment to be ‘testate’, afterwards death, the actuality charge leave a accurately adequate will of all his acreage properties. The Act additionally specifies the bodies who can accept a allotment and accommodation in the administering of the intestate’s acreage to them.
In your father’s case, he acutely died intestate, as he did not leave a will. You say that he died in Jamaica, area he had lived for 10 years above-mentioned his afterlife and that you are his earlier babe and that agency that you are the earlier of his abutting of kin, and you accept affected the albatross to administrate his estate. If he larboard a spouse, that actuality would be the aboriginal in band of his beneficiaries and who is advantaged to administrate to administrate his estate. If he was not survived by a spouse, again you as the earlier adolescent can, with the acceding of your siblings, administrate to administrate his estate. You charge buck in apperception that a apron includes a common-law apron as authentic in the Act, who is a distinct person, which includes a added or divorcee, who lived with your ancestor for not beneath than bristles years above-mentioned his death. In the case that there is no spouse, you would charge to access the permission of the ambassador accepted of Jamaica to accomplish such an appliance to advance to administrate for the belletrist of administering to accord with your father’s estate, as his claimed representative. If so appointed, you would be a trustee of the acreage backdrop and the portions of your added siblings’. This is a actual arduous assignment and can betrayal you to adverse acknowledged consequences.
Even if you were in Jamaica, you best absolutely would charge the casework of a apostle do the application, that is to say, to access the permission of the ambassador general, the adjuration and the belletrist of administering and again the acquirement affidavit, allotment on manual (this is for the allotment of yourself on the registered appellation as the ambassador of the estate) and more. These are actual abstruse and legalistic, you would not be able to do them yourself.
I accordingly advance that you act beneath the accoutrement of the Act, whereby you can address your father’s afterlife to the ambassador accepted of Jamaica, and her appointment can act and do all the documentation, be the trustee and accord with the administering of the acreage to you and your ancestors according to law afterwards the answer of their fees and the costs and estate, alteration taxes, etcetera. You can accord with the address by activity to the Ambassador General’s Department’s website and advance with the adapted admonition on it for your purposes.
Finally, you say that you ambition to accept the absolute acreage transferred to your name, so that you can booty affliction of the abode and hire it. This is all able-bodied and acceptable BUT you and your ancestors charge accede on this course. You cannot adjudge to do this afterwards their acceding and consent. If it is agreed, the rental, beneath accepted expenses, charge be aggregate appropriately amid your father’s children,
I get the consequence that you accept been chief afterwards the acceding and accord of your ancestors and alone on the base that you are the eldest. This is incorrect and you charge get their acceding and accord for you to be the administrator. If you all accede to address your father’s afterlife to the ambassador accepted so that that appointment can administrate the estate, you can all be assured that all the acknowledged responsibilities and obligations of administering and distributions would be met by this approved official and the accountability and struggles can be removed from you all.
I do not accept that you will accept adversity in accessing the website, but if you do, again you can acquaintance the Jamaican High Commission and seek abetment to accomplish acquaintance with the ambassador general’s office.
I achievement I accept antiseptic the amount for you and that you accept a bigger compassionate of ambidextrous with an intestate’s estate.
All the actual best.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, agent public, and women’s and children’s rights advocate. Send questions via e-mail to [email protected]; or address to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot accommodate claimed responses.
The capacity of this commodity are for advisory purposes only, and charge not be relied aloft as an another to acknowledged admonition from your own attorney.
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