All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
5 reasons to have a will prepared…today
All Woman, Your Rights
 on December 27, 2020

5 reasons to have a will prepared…today

JOSEMAR BELNAVIS 

VERY few things are as guaranteed in life as death. Now with that uncomfortable fact out of the way, the core question is, what can we do to prepare for this mortal certainty?

A will gives you the opportunity to put your affairs in order, preferably long before a doctor advises you to do so. In short, a will is a binding legal document which expresses a person’s (testator’s) wishes of how their assets are to be managed and/or distributed once they have died. As such, a will has no legal effect as long as the person is alive. Here are five reasons to have a will prepared right now…an additional five will be shared next week.

You remain in control, even after your death

A will ensures that you still dictate who your assets are distributed to. There will not be a need for anyone to assume that you wanted your favourite car to go to your son, or for your daughter to receive the money in your savings account. It will all be recorded in black and white and your assets (provided that your will is valid and that the assets remain in your estate) will be distributed in accordance with your wishes. In the alternative, your assets would fall into what the law refers to as intestacy and would be distributed in accordance with the provisions of The Intestates’ Estates and Property Charges Act.

Trust and choice

The truth is that for many people, a wife or husband may not be the most trusted and/or appropriate person to administer an estate. However, under The Intestates’ Estates and Property Charges Act, spouses are first in line to take up that role. Having a will would allow you to have the liberty of deciding who will distribute and/administer your estate and/or assets once you have transitioned from this life. Ultimately, the selection of an executor (person who will administer an estate) is a careful process, as this person will have legal control over your assets until they are distributed and/or sold. Such responsibility would suggest that it is necessary that an executor should be someone in whom you have absolute trust and confidence.

Empowers executors to take charge

An often overlooked benefit of having a will is that immediately upon your death, it will allow your executor(s) to begin to make crucial decisions about your funeral, assets and the care of your loved ones. The case of Chetty v. Chetty [1916] 1 A.C. 603, among others, establishes that an executor derives his/her title, authority and power to act from the will, once the testator dies. Accordingly, an executor does not have to wait to decide whether rents should be collected from your tenants, or whether monies should be expended to pay for your funeral from your account. A well-drafted will should include all such directions.

Reduces chances of conflict and, in Jamaican lingo, the nasty “dead lef fight”

Many families and friendships have been destroyed as a result of arguments over assets left with no clear indication of who is to get what. It is not uncommon for these arguments to result in violent altercations and possibly, soon after, more than one funeral will have to be planned. A properly drafted will creates certainty about who is to get what and will allow those who perhaps did not benefit, as they would have hoped, to see clearly that it was your decision not to have them inherit the house they expected to get, rather than assume they are being shafted by your new wife or an older sibling, for example. In addition, avoiding a legal battle over “dead lef” assets saves everyone in the long run, as the assets left can be easily distributed and will not depreciate due to being the subject of a ten-year court battle. A 2020 Benz isn’t worth the same in 2030. Further, the legal fees involved in the court battle may have to be paid out of the estate first, before the remaining estate is distributed to the beneficiaries.

You have a will, but got married after it was made.

Section 13 of the wills Act expresses that a will is revoked following the subsequent marriage of the testator (maker of the will). This means that if you make a will today then get married tomorrow, the will becomes null and void. The good news is that a new will can be prepared and signed at any time, and will be valid once it is properly drafted and executed.

Josemar Belnavis, JP works with Lindsay Law Chambers. Contact him at josemar@llcja.com

{"website":"website"}{"allwoman":"All Woman"}
0 Comments · Make a comment

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy
ALSO ON ALL WOMAN
From breadwinner to stay-at-home dad
All Woman, Features
From breadwinner to stay-at-home dad
August 10, 2026
A bit of news about switching gender roles has been making the rounds in United States (US) media — women are outnumbering men in the workforce, and s...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s slowly pulling away
Advice, All Woman, Features
Hubby’s slowly pulling away
Christopher Brodber 
August 10, 2026
Counsellor, I am an established career woman who married a much younger man four years ago. He had only a primary school education, was a hustler, and...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The pregnancy and childbirth horror files
All Woman, Features
The pregnancy and childbirth horror files
SUZANNE HILL 
August 10, 2026
‘WHERE’S the girl with the list?’ is a question many people know will follow when someone online shares some randomly horrific fact about their pregna...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Using the law for help with child maintenance, custody and divorces
All Woman, Features, Your Rights
Using the law for help with child maintenance, custody and divorces
August 10, 2026
MANY people understand their legal rights in theory, but will opt not to use the court system because of fear of the process, the perceived expense, a...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Superwoman doesn’t exist
All Woman, Features
Superwoman doesn’t exist
5 things every driven woman must do to avoid burnout
Marie BERBICK-BAILEY 
August 3, 2026
SOMEWHERE along the way, many women bought into the myth that being ‘superwoman’ meant doing everything, for everyone, all the time. We wear multiple ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
A friend in need of benefits
Advice, All Woman, Features
A friend in need of benefits
Rev Christopher Brodber 
August 3, 2026
Counsellor, I have been in a relationship for two years, and have a close female friend who I have known since prep school. My girlfriend was initiall...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom alienating dad
All Woman, Features, Your Rights
Mom alienating dad
Margarette Macaulay 
August 3, 2026
Dear Mrs Macaulay, Every time I disagree with my ex, and every time she hears that I am dating someone, she says things like, ‘Don’t bother coming to ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Dr Maria Myers-Hamilton: Helping to shape Jamaica’s digital future
All Woman, Features
Dr Maria Myers-Hamilton: Helping to shape Jamaica’s digital future
July 27, 2026
“I’VE always believed that technology should never be an end in itself. Its true purpose is to improve lives, create opportunities and remove barriers...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
❮ ❯
Scroll
Polls
From breadwinner to stay-at-home dad
All Woman, ...
From breadwinner to stay-at-home dad
August 10, 2026
A bit of news about switching gender roles has been making the rounds in United States (US) media — women are outnumbering men in the workforce, and s...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s slowly pulling away
Advice, ...
Hubby’s slowly pulling away
Christopher Brodber 
August 10, 2026
Counsellor, I am an established career woman who married a much younger man four years ago. He had only a primary school education, was a hustler, and...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The pregnancy and childbirth horror files
All Woman, ...
The pregnancy and childbirth horror files
SUZANNE HILL 
August 10, 2026
‘WHERE’S the girl with the list?’ is a question many people know will follow when someone online shares some randomly horrific fact about their pregna...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Using the law for help with child maintenance, custody and divorces
All Woman, ...
Using the law for help with child maintenance, custody and divorces
August 10, 2026
MANY people understand their legal rights in theory, but will opt not to use the court system because of fear of the process, the perceived expense, a...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Superwoman doesn’t exist
All Woman, ...
Superwoman doesn’t exist
5 things every driven woman must do to avoid burnout
Marie BERBICK-BAILEY 
August 3, 2026
SOMEWHERE along the way, many women bought into the myth that being ‘superwoman’ meant doing everything, for everyone, all the time. We wear multiple ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
Polls
Recent Posts
From breadwinner to stay-at-home dad
All Woman, ...
From breadwinner to stay-at-home dad
August 10, 2026
A bit of news about switching gender roles has been making the rounds in United States (US) media — women are outnumbering men in the workforce, and s...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s slowly pulling away
Advice, ...
Hubby’s slowly pulling away
Christopher Brodber 
August 10, 2026
Counsellor, I am an established career woman who married a much younger man four years ago. He had only a primary school education, was a hustler, and...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The pregnancy and childbirth horror files
All Woman, ...
The pregnancy and childbirth horror files
SUZANNE HILL 
August 10, 2026
‘WHERE’S the girl with the list?’ is a question many people know will follow when someone online shares some randomly horrific fact about their pregna...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Using the law for help with child maintenance, custody and divorces
All Woman, ...
Using the law for help with child maintenance, custody and divorces
August 10, 2026
MANY people understand their legal rights in theory, but will opt not to use the court system because of fear of the process, the perceived expense, a...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Superwoman doesn’t exist
All Woman, ...
Superwoman doesn’t exist
5 things every driven woman must do to avoid burnout
Marie BERBICK-BAILEY 
August 3, 2026
SOMEWHERE along the way, many women bought into the myth that being ‘superwoman’ meant doing everything, for everyone, all the time. We wear multiple ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved