Unborn children set to benefit from estates of dead fathers

As the government continues its move to modernize the practice of probate and administration of estates in Jamaica, Justice Minister Senator Mark Golding, has disclosed that the law is to be amended so that a child in the womb can be recognised as a beneficiary, as long they survive the deceased and paternity is established. Another change to come on stream is that a person who attests a will, will be allowed to apply to the court to benefit from any gifts left to them by the deceased. Senator Golding, who was speaking at yesterday’s post cabinet press briefing, explained that currently such an individual is barred from receiving any benefits.  As part of efforts to reduce delays in getting grants of probate or letters of administration in the Supreme Court, the justice minister says the law is to be amended to give a deputy registrar these duties. He says similar arrangements will be introduced at the level of the resident magistrate’s court. Senator Golding stresses that the current process is one of the main factors contributing to the backlog in the courts and the accompanying frustration experienced by persons seeking to probate or administer a will.