Gov’t to Implement Reforms to Eliminate Anomalies in Administration of Estates

The Government is to implement a raft of reforms, to modernise and eliminate some of the anomalies and processes that exist in the laws governing the administration of estates for deceased persons.

This will address the delay in the bequeathing of estates, enhance efficiency, and free up assets to make them productive for the families involved.

Speaking at at a Jamaica House Press Briefing on July 24, Justice Minister, Senator the Hon. Mark Golding, explained that changes will be made to the Judicature Supreme Court Additional Powers of the Registrar Act, to confer powers on a Deputy Registrar, to sign grants and probates.

He pointed out that the Deputy Registrars are already empowered to sign orders made in other divisions of the Supreme Court.

“A significant contributor to the delays experienced by applicants to the Supreme Court is the fact that at present, only the Registrar can sign grants of probate or letters of administration. By empowering the Deputy Registrar, it is expected that these delays will be significantly lessened,” the Minister said.

Meanwhile, he noted that currently, there is “some confusion” in the Resident Magistrate’s Court regarding the rules to be followed when applying for probate or letters of administration.

An amendment is to be made to make it clear that the processes developed for the Supreme Court and amended in 2006, also apply to these matters in the Resident Magistrate’s Court, with adjustments where necessary.

An important change will be made to the Administrator General’s Act to remove the need for the Administrator General to apply for a grant of probate from the court in the case of estates where persons die without making a will.

Where there is a will but no Executor appointed, the Administrator General will be empowered to issue an instrument of administration.

“This amendment will significantly reduce by over one year, on average, the time that now lapses before the Administrator General can commence to administer an estate, and also reduce significant burden and backlog in the probate division of the Supreme Court,” the Minister said.

Amendments are also to be made to allow the Administrator General to distribute assets valuing up to $500,000 to known beneficiaries without obtaining a grant.  Presently, this only applies where assets are less than $50,000 in value.

For assets other than real estate, that can be administered without a court grant, this ceiling will be adjusted to $500,000. At present these assets must value less than $100,000 in order to be distributed.

Meanwhile, changes will also be made to the intestate Estate and Property Charges Act to recognise that a child in the womb can be treated as a beneficiary, as long as the child survives the death of his/her benefactor, and paternity can be established.

“Presently, the Act excludes children in the womb from being eligible to participate in the deceased’s estate on their birth,” he noted.

Minister Golding informed also that the Probate of Deeds Act will  be amended, to eliminate the requirement for a certificate confirming the authorisation of a notary public overseas, to sign deeds.

Presently, certified deeds signed abroad must be accompanied by a certificate from an authority, which states that the notary public is so authorized to sign.

Additionally, an amendment will be made to allow for the administration of assets locally, which are bequeathed in wills made and approved in countries outside of the Commonwealth.

“Presently that facility is only available under the Probate Resealing Act, where the grant was issued in a Commonwealth country, or a British court. The amendment will allow resealing for grants by the court, in any jurisdiction,” Minister Golding explained.

Parliament will also be asked to amend the Wills Act, to allow a beneficiary who attests a will to apply to the court, to determine whether or not to administer any gift/estate given to them in that will.

“A person who has attested the execution of a will by the person who made the will, is automatically, under current law, deprived of any gift given to them in the will,” he said.

Some provisions of the Judicature Supreme Court Act will be changed, to allow persons to pay most fees due in the probate process, at the courts, instead of at the Stamp Office.

“That will save time, and reduce some of the steps that are presently holding up the process,” Senator Golding said.

The Justice Minister stated that the law and practice of probate and administration of estates has not been significantly reformed for over 100 years, with the exception of the probate rules, which was brought into accord by the Supreme Court Rules Committee in 2002, and amended in 2006.

He argued that the result of inadequate resources and archaic laws and procedures is that there is substantial backlog of applications in the Supreme Court, the Resident Magistrate’s Courts and the Stamp Office, and a public frustrated with delays.

“One result of these is that significant parcels of land and other inherited assets, such as money in accounts, cannot be transferred to beneficiaries,” the Minister said. Cabinet has authorised the issuing of drafting instructions to the Chief Parliamentary Counsel, to effect the amendments.