What Can I Do If I Suspect a Will in Jamaica Was Changed Before Death?

Hi Thompson — first of all, I’m so sorry to hear about your aunt’s passing, and I understand how frustrating this must feel. Losing a loved one is hard enough, but when things around their will seem off, it can be really distressing. Let’s go through what you can do step by step.

Understanding What Might Have Happened

In Jamaica, when someone creates a new will very close to their passing — especially under the influence or care of someone who benefits from that will — it often raises questions. For a will to be valid, the person must be of sound mind and acting on their own free will. So if your aunt was sick, weak, or easily influenced, there could be a legitimate concern about whether she really wanted that change.

In law, that’s called “undue influence” or “lack of testamentary capacity.” If either applies, you have a right to challenge the will in court.

Can You Get a Copy of the Will?

Yes, you can — but here’s how it works. If the lawyer was about to probate the will, that means it hasn’t been finalized yet. Once it’s submitted to the Supreme Court of Jamaica (through the Probate Division), it becomes a public record, and you can apply to get a copy there. Before that, though, you can still write or email the lawyer again — formally this time — asking for your copy. If he still doesn’t respond, you can go straight to the Probate Division in Kingston and check if the will has already been filed.

When requesting a copy from the court, you’ll need to provide your aunt’s full name, date of death, and where she lived. The staff at the registry will help you locate the file once probate has been lodged.

What You Can Do If You Suspect Something’s Wrong

If you really believe your aunt was pressured or didn’t understand what she was signing, you can take legal action to stop the process. That’s done by filing a “caveat” at the Supreme Court — it basically puts the probate on pause until the matter is investigated. You’ll need a lawyer in Jamaica to do that, but you can handle everything from abroad by giving them a Power of Attorney to act for you.

From there, your lawyer can request medical reports, statements from witnesses, or any proof that shows the will might have been made under pressure or without proper understanding.

Next Steps You Can Take Right Now

Here’s what I’d recommend:

- Send a written follow-up to the lawyer requesting the copy of the will.

- Contact the Probate Registry at the Supreme Court of Jamaica to check if an application has been filed.

- If things seem suspicious, hire a trusted Jamaican lawyer (preferably one specializing in estates and probate) to act on your behalf.

- Keep all your emails, messages, and any proof of communication safe — it can help if the matter ends up in court.

Where to Get Help

You can reach out to the Jamaica Bar Association (www.jambar.org.jm) for a list of experienced probate attorneys. Or, if you’d like, I can suggest a few reliable ones based in Montego Bay and Kingston who regularly handle these cases.

It’s unfortunate when family situations get complicated like this, but don’t give up hope — our Jamaican law has clear steps in place to make sure wills are fair and properly examined when something doesn’t seem right. Good luck!

📚 Recommended reading: Discover Jamaica – A Deep Dive into Our History and Culture

📅 Last updated: July 15, 2025

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