Chuck accuses Scott-Mottley of ‘politicising’ intestate issue
Published:Friday | October 27, 2023 | 12:08 AMEdmond Campbell/Senior Staff Reporter
JUSTICE MINISTER Delroy Chuck has accused his opposition counterpart Donna Scott-Mottley of “politicising” a comment he made about the disposal of properties belonging to persons who died without making a will.
Scott-Mottley, in a news release yesterday, said that she was concerned about a recent announcement by Chuck that the Government would be selling lands left behind by individuals who died intestate.
She said that this issue has raised significant questions about transparency, fairness, and the protection of the rights of natural beneficiaries.
The opposition spokesperson noted that while intestacy is a complex issue, and while it is essential for the Government to address these matters, it is equally important for due diligence to be done in the process currently being pursued.
Scott-Mottley called on the Government to outline the process for disposing of intestate lands. She wants the administration to provide a comprehensive and detailed plan regarding how these lands will be disposed of.
“It is essential that the process adheres to the rule of law, ensuring that the rights of individuals and their heirs are protected,” she added.
The opposition spokesperson on justice stressed that immediate family members or dependents not accounted for in the table of distribution should be given first preference to purchase the lands.
Scott-Mottley is also calling for the Government to outline the valuation mechanism that will be used to determine the value of these properties.
However, Chuck told The Gleaner yesterday that he is disappointed that Scott-Mottley, who is an attorney-at-law, could have misunderstood the role of the Administrator General’s Department (AGD).
He argued that the AGD would not put land on sale without first getting the approval of the beneficiaries.
“Any property that is put on sale must first be put to the beneficiaries to ascertain if they are interested in the land before it goes on the open market,” he said.
Chuck noted that the AGD manages more than $50 billion worth of properties, many of which are a result of the beneficiaries being unable to agree on how the asset must be disposed of.
“Where any of the beneficiaries agree that the property is to go to one or all of them, the administer general would comply with the interest of the beneficiaries and proceed to transfer the properties to one or all the beneficiaries,” Chuck said.
He also indicated that the beneficiaries of some properties being managed by the AGD are eager to see them disposed of in the open market, but what was delaying the disposal is an appropriate valuation mechanism in the interest of all beneficiaries.
“If the beneficiaries at any time feel that you have disposed of properties for less than the market value, the administrator general could be sued,” he noted.
“We close about 500 properties annually, but invariably, a similar number of files are open because many Jamaicans do not make a will,” he said.
He urged more Jamaicans to make wills, noting that the document should not be seen as an indication of a person’s imminent demise.