The seniors' advocacy organization, CCRP is continuing its mission to inform and educate Jamaica’s senior citizens through a series of meetings on various topics. The organization's third online meeting on estate planning was held on Wednesday 16th July with retired Administrator General Lona Brown and attorney at law Alicia Hussey making a presentation on 'Estate Planning and Trust Management'.

With a wealth of legal expertise in estate planning, Ms. Hussey delivered an engaging and informative presentation designed to help participants understand the legal tools available to safeguard their assets, minimize family conflict, and ensure their wishes are clearly and legally documented.

Ensuring Validity: The Fundamentals of Wills
Ms. Hussey outlined the essential elements of a valid Will, emphasizing that it must be in writing, signed by the testator (or someone acting under their direction in their presence), and witnessed by two individuals who are present at the same time. While Wills can be revised during the testator’s lifetime, they only take legal effect upon death. Failure to execute a Will properly can result in disputes or render the document invalid.

Testamentary Freedom and Its Legal Boundaries
While Jamaican law upholds an individual's right to distribute their estate as they see fit, certain protections are afforded to dependents. Ms. Hussey explained that spouses, common-law partners, former spouses, children under 18 or enrolled full-time in university under age 23, and dependent parents may be legally entitled to reasonable provision. “Individuals should consider these legal obligations when creating their Wills to avoid potential disruptions to their estates after death,” Ms. Hussey advised.

Navigating the Basics of Estate Planning
The discussion addressed several practical considerations, including the importance of including a residuary clause to ensure no assets are inadvertently excluded from the Will. It was clarified that some assets, such as life insurance policies or bank accounts with named beneficiaries, do not need to be included in a Will. The legal concept of joint tenancy was also explained, where property held jointly passes directly to the surviving owner, regardless of the Will’s content. Ms. Hussey further distinguished between outright gifts, trusts, and revocable living trusts, emphasizing the flexibility and control these instruments offer in different circumstances.

Trusts, Companies, and Legacy Protection
Retired Administrator General Lona Brown highlighted the role of trusts in protecting and managing assets for intellectually challenged or dependent family members. Noting that the establishment of a company can also be a strategic tool in estate planning, seniors are encouraged to seek legal advice on the possibility of setting up a venture to continue legacy protection. The discussion also explored the legal implications of common disasters, transfer taxes upon death, and the risks of improper witnessing, such as having a beneficiary serve as a witness to a Will.

Moving Forward with Confidence
The session concluded with strong encouragement for seniors to consult qualified legal professionals when drafting or updating their estate plans, especially when managing complex family dynamics or significant assets.

“We are grateful to Ms. Brown and Ms. Hussey of Hussey Legal who gave expert guidance on such matters that impact their lives most deeply,” said Jean Lowrie-Chin, Founder and Executive Chair of CCRP. “This session on estate planning will help our seniors plan for the future distribution of their assets with confidence.”

Previous presentations to CCRP members on estate planning were made by attorney at law Dawn Campbell-Douglas and representatives of DunnCox.