Non Performing Executor In Jamaica

by Patricia
(UK)

ANSWER: by Wellesley Gayle
Hey Patricia,

First of all, I’m truly sorry to hear about the passing of both your grandfather and your dad. These situations can be really tough, especially when there’s land and family legacy involved. But I appreciate you reaching out. I've done some reading so I’ll do my best to walk you through it step by step.

In a nutshell...

• Your grandfather passed away decades ago, and left land in a will for your father and his siblings.
  
• Your father never received his share, and now he too has passed.
  
• One of the uncles is the executor, but hasn’t sorted it out—and may not be in the best health either.
  
• You’re now wondering how to claim your father’s share—and what should happen with the shares of other siblings who are also deceased.
  

1. Confirm the Will & Probate Status`
   Even though the will was done long ago, we need to confirm if probate was ever granted in Jamaica.
   Probate is the legal process where the will is officially recognized by the Jamaican court, and the executor is given legal authority to manage and distribute the estate.
   
   Ask yourself (or the executor):
   
   
   
   • Was the will ever probated?
     
   • If yes, what stage did it reach?
     
   • If no, that needs to be done first, even if decades have passed.
     
   
   You (or someone on behalf of your father’s estate) can apply for a copy of the will and probate documents through the Supreme Court in Jamaica.
   
   
2. Your Father’s Share Can Pass to You
   Because your dad was a named beneficiary and he passed away, his share doesn’t disappear. It becomes part of his estate.
   So the next step is for you (or another relative) to apply to administer your father's estate, specifically, his share of the property.
   
   Here’s what usually happens:
   
   
   
   
   • You apply for Letters of Administration with Will Annexed (if he died without a will) or Probate (if your dad left a will).
     
   • Once granted, you can act on his behalf to claim his share of the grandfather’s land.
     
   
   
   This process is done through the Jamaican Supreme Court and you may need to work with a Jamaican attorney, especially since you’re in the UK.
   
   
3. What If Other Beneficiaries Also Passed Away?
   Same as with your dad—their share becomes part of their estate. Their children or legal heirs can then apply to administer their share.
   
   That’s why it’s really important now to:
   
   
   
   • List all the beneficiaries in the will.
     
   • Note who is alive and who has passed.
     
   • Find out if any of them received their share, or if the land is still held under one name.
     
   
   If no one has legally transferred the land to the rightful heirs, then the property is likely still in your grandfather’s name, meaning it's just sitting there waiting to be sorted.
   
   
4. What About the Executor (Your Uncle)?
   If he’s still alive, he still holds the responsibility to carry out the will—BUT if he is unable to act (due to illness or otherwise), someone else (like you) can apply to be the substitute executor or administrator.
   
   
5. Work with a Jamaican Estate Attorney
   This process is very doable, but you’ll need someone on the ground in Jamaica to:
   
   
   
   • Guide you through probate or administration.
     
   • Assist with land title research (via National Land Agency - NLA).
     
   • Help with land surveys, division, and transfer of title.
     
   
   They’ll also help ensure the land title gets updated, because many times family land sits in limbo for years, and nobody can legally sell, lease, or pass it down.
   
   
6. So
   
   
   
   • Start by locating the will or probate record.
     
   • Apply to represent your father’s estate if he didn't already do so.
     
   • Coordinate with other heirs if possible to move things along collectively.
     
   • Get a good Jamaican lawyer who’s familiar with estate and land matters
     
   • If land taxes haven’t been paid, try to pay them, this builds your claim as someone maintaining the property.
     
   
   

And finally, believe me when I say you are not alone Pat, many Jamaicans in the UK, US, and Canada find themselves in a similar situation, so don’t feel discouraged. It may take some patience, but your father's share is still legally valid and claimable, even after all these years.

If you'd like, I can also recommend a few trusted Jamaican lawyers who work with overseas clients for cases like this.

All the best Pat!

Regards,
WG

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