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ASK A QUESTON

Is my US will valid for property in Jamaica?

by Tony
(Trenton,NJ,USA)

“To mitigate complications and aid in the procedure of devolution of assets after death, a ‘will’ has to be well planned and drafted.” Henrietta Newton Martin.

And that's exactly what my friend Tony did, but he has a small concern... 'Is my US will valid for property in Jamaica?'

Here's my response, but just before, his full question.

I live in the United States with Real Estate Property in Jamaica. Will my United States Will be valid in Jamaica when I am deceased?

And will the property go to whom dictated in the Will Leaving property to members of my family, some living in the United State, and some living in Jamaica?

ANSWER: by Wellesley

Hey Tony,

First, commendations on your move my friend; very responsible!

And it looks like should have no worries either.

According to Ms Macaulay, an attorney-at-law and Supreme Court mediator, who wrote an article in the Jamaica Observer newspaper, a will made in the US is legally binding in both countries!

She indicated that...

Both the United States and Jamaica are common-law countries and though the United States is a foreign country under the laws of Jamaica and Jamaica is a foreign country under United States laws, they have a commonality in their fundamental provisions relating to the making of legally effective wills.

The process of obtaining probate is also common to both Jamaica and the USA.

The key and perhaps most important thing to note this that the Will must be legal in the country in which it was made, meaning, it meets all the requirements of an effective will.
That's the essence of it.

You can read more about that in her article in the Jamaica Observer here.

I recommend you also take a look at how to probate a Will in Jamaica.

I hope this helps!

Related: How to get copies of wills and titles in Jamaica.

As usual, I welcome your feedback here.

Keep in touch.

Regards,
Wellesley

P.S. Have another question? Submit it here for an answer.

P.P. S. By the way, I also recommended that you consider utilizing the free search tool that allows you to look for something specific on this website.

P.P.P.S We've answered HUNDREDS of questions, click here and here to get even more answers.

Reference:

A will's legality across countries, http://www.jamaicaobserver.com/magazines/allwoman/a-will-s-legality-across-countries_18572624

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About The Author

A patriotic Jamaican who adore its culture, Wellesley has been using this medium to share what he calls 'the uniqueness of Jamaica with the world' since April 2007.

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