Attorney Josemar Belnavis Warns Jamaicans To Put Estate Plans In Order

Attorney-at-law Josemar Belnavis is calling on Jamaicans to give estate planning greater priority, saying poor preparation around wills and assets is contributing to inheritance quarrels, expensive litigation and property losses across the country.

Belnavis, a partner at Lindsay Law Chambers, raised the concern recently while speaking to the JN Circle Morant Bay Chapter on estate planning, which he presented as an issue tied to both financial security and personal wellness.

He described an estate as “everything you own or are entitled to on your death,” including land and houses, bank funds, investments, insurance coverage, motor vehicles, jewellery, shares and debts that are due to the person who has died.

“One of the great certainties in life is that everyone must die,” he told the audience, adding that Jamaicans should make proper legal and financial arrangements before that point comes.

Belnavis said estate disputes have become so common locally that the courts had to create a family and probate division to deal with the volume of cases. He said many of these matters arise when people die without leaving wills, forcing relatives to fight over how property and money should be shared.

The fallout, he said, can be serious. Homes may sit empty, vehicles may fall into disrepair and money in bank accounts can remain locked away for years while relatives try to settle matters through the courts.

He also warned about squatters and adverse possession, noting that tenants or other occupants sometimes stay on land after an owner dies and may later seek ownership after remaining there for more than 12 years.

The attorney cited several situations in which relatives clashed after a death, including siblings disputing a family home and disagreements involving long-term partners and children. He said some family conflicts have led to violence and drawn-out court proceedings that consume the very resources relatives are trying to claim.

“The overarching consequence here is that nobody wins when a family feuds,” Mr Belnavis said.

Belnavis explained that a will sets out who should inherit a person’s assets, who should administer the estate and who should take responsibility for dependants after death. “It is your voice after you have died,” he said.

He also discussed estate-planning terms such as testacy, intestacy, executors and administrators. Even when a will exists, he cautioned, it must be properly prepared and legally valid to reduce the risk of later challenges.

Belnavis urged Jamaicans to consult trained legal and financial professionals instead of depending on informal guidance. Although some people avoid professional help because of cost, he said that decision can leave families facing far greater expense.

“You’re trying to save a little money… to create a problem that will cause millions of dollars,” he said.

He added that financial institutions can help by educating customers, offering wealth and legacy planning support, and taking estate-planning information into communities. Well-kept financial records and clearly documented assets, he said, make it easier for relatives to settle an estate.

Belnavis also encouraged people to plan ahead for asset transfers and to organise key papers, passwords and financial details so relatives are not left searching during a crisis.

“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 said Jamaicans should see estate planning not only as preparation for death, but as part of wider financial wellness and a way to protect the next generation.

The JN Circle is a network of JN members and customers supported by the JN Foundation, with 16 chapters across Jamaica and active groups in Toronto, Canada, and London, England.