Josemar Belnavis presses Jamaicans to make wills and secure family assets

ST THOMAS, Jamaica — Attorney-at-law Josemar Belnavis is calling on Jamaicans to give estate planning greater attention, saying too many families are being pushed into conflict, expensive litigation and property losses because relatives die without wills or clear records of their assets.

Belnavis, who is a partner at Lindsay Law Chambers, made the appeal during a recent estate planning presentation to the JN Circle Morant Bay Chapter. His discussion treated estate planning as part of both financial management and personal wellness.

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

“One of the great certainties in life is that everyone must die,” Belnavis told the audience, while urging people to make proper legal and financial arrangements for that certainty.

JN Circle, in a release, said Belnavis drew attention to the rising number of estate disputes in Jamaica. He noted that the courts had to create a family and probate division because estate-related cases had become so numerous.

The attorney said many of these quarrels begin when people pass away intestate, leaving relatives with no clear direction on how property and other assets should be shared.

He warned that the fallout can be serious. Houses and land may be left unattended, vehicles can waste away, and money in bank accounts can remain out of reach for years while family members fight through the courts.

Belnavis also raised concerns about squatters and adverse possession. He explained that, after an owner dies, tenants or other occupants may continue living on a property and later seek to claim it if they have occupied the land for more than 12 years.

He gave examples of disputes that have followed the death of relatives, including fights between siblings over family homes and disagreements involving children and long-term partners.

Some of those matters, he said, have turned violent or developed into drawn-out legal battles that consume family money. “The overarching consequence here is that nobody wins when a family feuds,” Belnavis said.

Turning to wills, Belnavis said the document sets out who is to benefit from a person’s assets, who will administer the estate, and who should look after dependants after the person dies. “It is your voice after you have died,” he emphasised.

He also explained estate planning terms such as testacy, intestacy, executors and administrators, and cautioned that a will must be valid and properly completed if families are to avoid legal problems later.

Belnavis urged Jamaicans to consult trained legal and financial advisers instead of depending on casual guidance. Although some people are put off by professional fees, he said that decision can cost families far more in the end.

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

He said banks and other financial institutions can also help by educating customers, offering wealth and legacy planning support, and taking estate planning information into communities.

Belnavis added that families have an easier time winding up an estate when financial papers are in order and assets are properly documented.

He further encouraged people to plan ahead by considering asset transfers where appropriate and by organising key papers, passwords and financial details so relatives are not left confused.

“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 stated.

Belnavis said Jamaicans should not treat estate planning only as preparation for death, but as a core part of financial wellness and a way to safeguard the next generation.