How do I get my name on my grandfather’s title?
Dear Mrs Macaulay,
How do I go about getting my name to my grandfather’s title? I am taking care of him and he made a will, but I would like to be on the title. Where should I go to get this done?
There are many people who are taking care of older persons on their promise that their property will pass to them after their death. Some of them find that after the death the will had been changed, or that the deceased did not own the property outright, or some members of the family challenge the will. It is therefore very sensible of you to wish to settle this matter definitively while your grandfather is still alive.
A will is not effective until after the death of the testator has occurred and it can be changed any number of times before death. So an inter vivos (during life) act which settles property interests before death is a very good idea.
The first thing which you must be certain of, is that your grandfather is in full possession of his senses, and that he knows and understands what he is doing. Next, that he wants to transfer to you, one-half interest in his property, so that after his death, you will have the whole interest.
If he is in full agreement with this, you can contact a lawyer to effect the transfer for you. It will cost you some revenue charges for government, payable to the Stamp Commissioner and to the Registrar of Titles and the lawyer’s fees. This course will however cost less than if you wait until after his death to go through Probate application and pay estate duties.
If you wish to do the process yourself, you can go to the website of the Registrar of Titles and get a Transfer of Title form and fill in the necessary particulars for your grandfather to transfer to you, for love and affection as the Consideration, a one-half interest in the property and to hold the property with him jointly.
Your grandfather will also have to swear to a declaration in support of the Instrument of Transfer, stating your relationship to him and that it is your home and that he is giving you the half interest because of the love and affection that he has for you. The swearing has to be done
before a Justice of the Peace. Then after his death you will only need to note his death on the title for the whole property to be yours, after paying the necessary revenue/tax charges to government.
On second thoughts, I would strongly advise you to obtain the assistance of a lawyer because the contents of the Declaration must correctly meet the requirements of the law and if it is not done properly, the transfer will not be effected by the Registrar of Titles.
If your grandfather wishes or agrees to transfer the whole of the interest in his property to you now, before his death, the same processes are necessary, including the declaration that you are his grandchild, that it is your family home (I assume that you also live there) and that he is transferring his entire interest to you (and not the one-half interest to you as a joint tenant with him), because of the love and affection which he has for you. As long as your grandfather can fully understand his actions and make fully informed decisions, it is in your best interest to have him settle the property interest on you, either the whole or the half with you both as joint tenants (NOT tenants-in-common), during his lifetime. Then, you must after that decide how you want to dispose of your property interest on your death and do your will or join your chosen person(s) on the title. I do not wish to spook you, but anything can happen at any time, regardless of age.
I hope I have provided you with the assistance you required to understand what to do.
Margarette May Macaulay is an attorney-at-law and a women’s and children’s rights advocate. Send questions and comments via email to allwoman@jamaicaobserver.com or fax to 968-2025. We regret we cannot supply personal answers.
