Chuck wants the making of a ‘will’ mandatory in Jamaica

WESTERN BUREAU:

Justice Minister Delroy Chuck wants to make the making of a ‘will’ mandatory in Jamaica, saying it will minimise the many instances of relatives fighting over ‘dead left’, a factor that has led to many deadly family squabbles over the years.

“It may well be that government agencies will have to mandate the making of a will,” said Chuck, who was speaking at last week’s Administrator-General’s Department (AGD) roadshow at Sam Sharpe Square, in Montego Bay, St James.

The justice minister said every enlisted member of the Jamaica Defence Force (JDF) is required to draft a will; and therefore, the AGD does not have to get involved in the administration of any soldier’s estate.

“And it may well be that the Government and permanent secretaries should be told to encourage staff, not to force them like the JDF because people have options, but it would be good to just tell them to make a simple will,” said Chuck.

Using male police officers as an example, Chuck said the AGD often come under pressure to settle their estate when they die because, in many cases, they have many children at different locations.

“I have to tell you the truth, the male police officers have children in several places, and the babymothers and the children burden the administrator general with requests because they know that something is left, be it the pension, retirement benefits, or whatever property that police officer may have,” said Chuck.

“It is the same with many public servants as there is a record of deceased educators who did not leave a will,” said Chuck. “I see a list of teachers, hundreds of teachers who have died, people who shouldn’t need education to make a simple will, and now the AGD has the burden of having to call the Ministry of Justice to see if there’s anything there at the Ministry of Education for that teacher,” said Chuck.

PROVISION, NOT AN OMEN

Chuck strongly believes that will-making is something that should be undertaken by everyone to minimise the issues that could surface after death when it comes to settling the estate.

“It is not an omen for anything; it is to provide for all the challenges that your loved ones will have if, in an unexpected situation, you should die,” said Chuck. “When someone dies without a will, disputes arise among loved ones as to who gets what.”

Continued Chuck: “Nothing creates more violence, grievances, conflicts, and death, than dead left. Across Jamaica, many of the deaths have occurred because of dead left. People are fighting over what they never expect; fighting over what they believe they should get; people fighting over what they think that the deceased person should have left for them.

“Because, even if you have nothing, you could still perish in an accident caused by, say, a careless driver or a hazardous workplace and your estate needs to be able to pursue a claim against a negligent third party.”

According to the justice minister, one of the greatest problems with people who have children is that when you do not create a will, the children suffer for many years until the administrator general pulls together whatever is available so that it may be distributed to the children.