The cry of persons dying intestate has been echoed for years. Therefore, it's best to make a will to benefit those left behind.

Karolin Campbell-Jones, attorney-at-law at Nigel Jones & Company law firm, said persons should prepare a will to ensure that their assets are distributed according to their wishes.

"If persons do not have a will, their property will not be distributed in accordance to the way they want it. Also, a will makes the distribution process faster because, in a case where children are involved, the administrator general will have to administer it," stated Campbell-Jones.

A will must be prepared in the presence of two witnesses who are not beneficiaries.

When a person dies without making a will, his estate must be probated through the Administrator General's Department.

But how can a will be probated?

An executor makes the application for the grant of probate, which is done in the matter of the estate of the deceased named.

Making applications

The application is signed by the executor if made in person, or by his solicitor or attorney-at-law. If the asset values more than a million dollars, the application is made to the Supreme Court. Otherwise, it is made to a resident magistrate.

A cover letter is usually lodged with the papers to lead the relevant grant of representation. The letter that is signed by the attorney on behalf of the applicant is addressed to the registrar. It simply notifies the registrar that the applicant is applying for a grant of probate in the estate of the deceased. This operates as a receipt of the lodging of the documents for the grant, setting out, in a list, the paper filed with the application for probate.

Note that although the testator (person who makes the will) may appoint as many executors as he or she wishes, no more than four will be permitted to prove a will at any one time.

The probate process ensures that the estate assets are properly distributed in line with the intent of the dead person.

The cost to get a will probated varies with attorneys-at-law.

documents necessary to lead a grant of probate in Jamaica

Cover letter addressed to Registrar, Probate and Administration, The Supreme Court of Jamaica

Oath of executor

Affidavit of due execution

Copy of inventory

Declaration of counting of inventory

Will bond

Affidavit of value (not required where the applicant is the administrator general)

Declaration of counting of probate and copy will

Affidavit in proof of death

Will marked by the signature of the executor, an attesting witness and the person before whom sworn (a commissioner for oaths)

Stamp Commissioner's Certificate (with respect to the estates of persons dying on or prior to July 20, 1963

- Nadisha Hunter

Send questions about wills to saturdaylife@gleanerjm.com.