Ded Lef (Where there is a will, is there a way?) Part 1

 

In Jamaica, we have a saying when  someone dies called 'ded lef'. This slang term is used to refer to what is left behind by the deceased as set out in his/her will (if there is any).
 It is not uncommon to hear of family squabbles of the assets of the deceased which would consists of what is called the Estate. In fact, its no secret that figuring out what to do with this Estate can be confusing.
That's where your lawyers come in such as the well experienced team at The Law Offices of Deanna McFarlane as we have years of experience in #probatelaw matters.
Here's what you need to do:
1.  Locate and tabulate the deceased's documents and other relevants materials such as the original wills, banking documents, statements and share certificates.
2. Make an appointment with an attorney to handle the matter which is classified as a #probate law matter.
3. The Attorney would then commence the process by drafting the grant of Probate when approached by the Executor (the  person entrusted to carry out the wishes of the deceased named in the will) and thoroughly review and inspect the will especially for validity.
4. The Attorney drafts the oath of executor  and has the Executor execute the ing oath of executor and marking the will and death certificate relative to the oath (executor):
NB: The Oath is a written document typed up by the Attorney.
NB:2 In the event that the executor is  based overseas, then the formalities for the notary public and/or the Jamaican ambassador/consul must be observed, that is that their seal is affixed to the document when they witness the executor's signature. A special note should be made that for Canadian-based and UK-based persons the notary need only affix his seal. This is also the case with the Jamaican ambassador/consul, wherever they may be. However, if you are getting a notary to witness the document from certain states in the USA they will require a notary public certificate of term of office from the secretary of state for that particular state (Florida, Pennsylvania and California come readily to mind). 
4. The Attorney would then stamp the oath and grant with the requisite stamp duty 
5. The Attorney would then have these documents (the oath, grant of probate, death certificate, and will filed at the Supreme Court).
6. The Attorney would then write send  letters to the various share registrars to give permission to the attorney to obtain written information as to the quantum and value of the shares held by the testator as at the date of her death as well as her history of shareholding (executor) (when the Estate has shares)
7.NB: Where the estate consists of shares eg: the testator was an investor, such a process is essential. The letter you will receive from the share registrar in response to the attorney's letter will form the basis of the stamp office's assessment of the transfer tax liability of the estate for these shares.
8. With regards to the valuation of real estate, it would be useful to get  a valuation from a credible realtor .
9. The Attorney would draft a document to obtain an assessment of the transfer tax on death payable which is called the Revenue Affidavit, once this document is executed by the Executor it is submitted to the Tax Office.
Stay tuned for Part 2! #probatelaw #probatelawyerinJamaica #probatelawyer

In Jamaica, we have a saying when  someone dies called 'ded lef'. This slang term is used to refer to what is left behind by the deceased as set out in his/her will (if there is any).
 It is not uncommon to hear of family squabbles of the assets of the deceased which would consists of what is called the Estate. In fact, its no secret that figuring out what to do with this Estate can be confusing.
That's where your lawyers come in such as the well experienced team at The Law Offices of Deanna McFarlane as we have years of experience in #probatelaw matters.
Here's what you need to do:

1.  Locate and tabulate the deceased's documents and other relevants materials such as the original wills, banking documents, statements and share certificates.

2. Make an appointment with an attorney to handle the matter which is classified as a #probate law matter.

3. The Attorney would then commence the process by drafting the grant of Probate when approached by the Executor (the  person entrusted to carry out the wishes of the deceased named in the will) and thoroughly review and inspect the will especially for validity.

4. The Attorney drafts the oath of executor  and has the Executor execute the ing oath of executor and marking the will and death certificate relative to the oath (executor):NB: The Oath is a written document typed up by the Attorney.
NB: In the event that the executor is  based overseas, then the formalities for the notary public and/or the Jamaican ambassador/consul must be observed, that is that their seal is affixed to the document when they witness the executor's signature. A special note should be made that for Canadian-based and UK-based persons the notary need only affix his seal. This is also the case with the Jamaican ambassador/consul, wherever they may be. However, if you are getting a notary to witness the document from certain states in the USA they will require a notary public certificate of term of office from the secretary of state for that particular state (Florida, Pennsylvania and California come readily to mind). 
4. The Attorney would then stamp the oath and grant with the requisite stamp duty 
5. The Attorney would then have these documents (the oath, grant of probate, death certificate, and will filed at the Supreme Court).
6. The Attorney would then write send  letters to the various share registrars to give permission to the attorney to obtain written information as to the quantum and value of the shares held by the testator as at the date of her death as well as her history of shareholding (executor) (when the Estate has shares)

7.NB: Where the estate consists of shares eg: the testator was an investor, such a process is essential. The letter you will receive from the share registrar in response to the attorney's letter will form the basis of the stamp office's assessment of the transfer tax liability of the estate for these shares.
8. With regards to the valuation of real estate, it would be useful to get  a valuation from a credible realtor .


9. The Attorney would draft a document to obtain an assessment of the transfer tax on death payable which is called the Revenue Affidavit, once this document is executed by the Executor it is submitted to the Tax Office.


Stay tuned for Part 2! #probatelaw #probatelawyerinJamaica #probatelawyer

 


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