Top 3 Reasons Why You Should Absolutely Write A Will...

A Will, also known as a Last Will and Testament, is a legal document that outlines how your assets and property should be distributed after your death. After years in estate law, I've seen firsthand how a proper Will can protect families, prevent chaos, and preserve legacies.

Without a Will, your estate will be distributed according to the intestacy laws of Jamaica. This may not align with what you envisioned for the distribution of your assets. A Will ensures that your voice is heard and your legacy is preserved. In this article, we’ll break down the three most compelling reasons why you need to write your Will.

1.   Control Over Your Assets

Not only does a Will outline your final wishes but it also gives the testator (person who writes a Will) control over how their assets are distributed. The testator is able to specify who will inherit property, money, and other possessions. This ensures that your loved ones are taken care of according to your wishes.

For example, testators usually grant the bulk of their estate to persons who assisted with their day-to-day care during the course of their lives. On the other hand, testators will usually exclude persons who they have gone no contact with or those who they have already granted certain assets while they are alive.

2.   Protect Minor Children

If you have young children, a Will allows you to name a guardian who will care for them in the event of your passing. One of the most devastating things to witness is watching a child being passed from house to house because their parent(s) did not make adequate arrangements.

 For example, I’ve seen cases where one parent was still alive but that parent was either neglectful or abusive and the grandparents or relatives from the other side are excluded because the surviving parent has absolute power where the child’s custody, maintenance and welfare are concerned. This can be avoided if parents take the time to have a conversation with potential guardians in the event that they should pass. Let them know what your wishes are and include those wishes in a Will.

3.   Avoid Family Disputes

Unfortunately, property division can be a very contentious process. When there is no clear direction, there is the potential for numerous conflicts among relatives who are left to share the “dead left” assets. A clear and legally valid Will can help prevent such conflicts.

For example, I’ve had matters involving inherited property that have been before the court for over twenty years. Unfortunately, in situations like this, the relatives will expend a great amount of resources to litigate the matter in court. When the testator outlines who should inherit, it will ultimately save time and money.

Final Thoughts

Writing a Will isn’t just about distributing assets, it’s about protecting your loved ones, securing your legacy, and preventing unnecessary conflicts. Whether you want to ensure your children are cared for, keep family disputes at bay, or simply maintain control over your hard-earned possessions, a Will gives you the power to make your wishes clear. Don’t leave these critical decisions to chance or the courts. Consult a legal professional to draft your Will and enjoy the peace of mind that comes with knowing your affairs are in order.