Attorney urges Jamaicans to plan their estates
ST THOMAS, Jamaica — Attorney-at-law Josemar Belnavis, is urging Jamaicans to take estate planning more seriously, warning that the failure to prepare wills and organise assets is fueling family disputes, costly court battles and the loss of property across the island.
Belnavis, a partner at Lindsay Law Chambers, addressed the issue during a presentation on estate planning to the JN Circle Morant Bay Chapter recently, where he examined estate planning as both a wellness and financial planning initiative.
Defining an estate as “everything you own or are entitled to on your death,” Belnavis said this includes real estate, bank accounts, investments, insurance policies, vehicles, jewellery, shares and even debts owed to the deceased.
“One of the great certainties in life is that everyone must die,” he told attendees, while stressing the importance of preparing for that reality through proper legal and financial arrangements.
According to a release from JN Circle, Belnavis pointed to the growing number of estate-related disputes in Jamaica, noting that the court system had to establish a family and probate division because of the volume of litigation surrounding estates. He said many disputes stem from Jamaicans dying without wills, leaving families uncertain about how assets should be distributed.
According to the attorney, the consequences can be severe, with properties left abandoned, vehicles deteriorating and bank accounts frozen for years while relatives battle in court. He also highlighted the issue of squatters and adverse possession, explaining that tenants or occupants sometimes remain on properties after owners die and eventually claim ownership after occupying the land for more than 12 years.
He shared several examples of family conflicts arising after the death of loved ones, including disputes among siblings over family homes and disagreements involving long-term partners and children. In some cases, he said, these disputes escalate into violence and lengthy legal battles that drain family resources.
“The overarching consequence here is that nobody wins when a family feuds,” Belnavis said.
Explaining the importance of wills, Belnavis described a will as a document that outlines who should receive a person’s assets, who should manage the estate and who should care for dependents after death.
“It is your voice after you have died,” he emphasised.
He also outlined key legal concepts related to estate planning, including testacy, intestacy, executors and administrators. He warned that even when individuals prepare wills, they should ensure the documents are valid and properly executed to avoid future legal complications.
Belnavis encouraged Jamaicans to seek guidance from qualified legal and financial professionals rather than relying on informal advice. While some people may hesitate because of legal fees, he argued that avoiding professional assistance could ultimately create much larger financial burdens for families.
“You’re trying to save a little money… to create a problem that will cause millions of dollars,” he said.
The attorney also highlighted the role financial institutions can play in supporting estate planning through customer education, wealth and legacy planning services, and community outreach initiatives. He noted that organised financial records and properly documented assets make it easier for families to settle estates after death.
Belnavis further encouraged Jamaicans to think proactively about transferring assets and organising important documents, passwords and financial information to reduce confusion for relatives in the future.
“An important tip is to implement a system where if you are incapacitated or dead someone you trust or one of your executors can have ease of access to documents and information. This may be critical in an emergency or to properly account for an estate,” he stated.
He stressed that estate planning should not be viewed only as preparation for death, but as an essential part of financial wellness and protecting future generations.