Let's talk legal!

  Having a will is a crucial part of any estate plan . A will is a written document that sets out your wishes for how your property should be distributed and managed upon your death . For many people , a will is the foundation of their estate plan , and it ’ s important to understand why this document is so important . Here are five reasons why a will is so important : 1 . Control : A will allows you to choose who receives your property upon your death . Without a will , the state will decide how your property is distributed , which may not be in line with your wishes . 2 . Avoid family disputes : A will can help to reduce potential family disputes over your estate after your death . It allows you to clearly set out your wishes and ensure that your estate is distributed in an orderly manner . 3 . Provide for loved ones : A will allow...

So you've made the big decision to gift your property or transfer your property in another persons name. Then what? - the start of your transactions. But what do you need to know? Let's break it down: Your Title - You cannot transfer a property which is not wholly owned by you or without the consent/signature of any co-owner or mortgagor. For that reason, your Attorney needs to see your Title to ensure that you are in the position to hand your property over to another person. So if a deceased is a co-owner or if the property is even mortgaged, this will affect your ability to do a simple transfer of the property. Your Information -  Your information as well as the other person's information is needed. Your occupation, address and name as reflected on the TRN. So ladies if you are recently married, either amend that TRN or use your maiden name.  Fees - Yes. You cannot hide from this. You will have legal fees which vary from Attorney to Attorney. You will also have Stamp ...

Divorce can be a difficult and emotionally charged process, and dividing property and assets can be one of the most challenging aspects of any divorce case. In Jamaica, the law requires that the matrimonial home be divided equally between the spouses unless it can be proven otherwise. But what about other assets; how is it determined who gets what?  Marital property is any asset that was a part of the marriage and can include assets registered in both parties' names or assets acquired by one party but becomes a part of the relationship. The first step in dividing property and assets in a divorce case is to identify and value all of the assets and debts that are considered marital property. This may include real estate, bank accounts, investments, retirement accounts, and other assets acquired during the marriage. Debts such as mortgages, car loans, and credit card debt must also be taken into account. It is always a good idea to itemize these assets. Once all marital property and d...

Divorce or separation can be a difficult time for families, especially when children are involved. One of the most important decisions that must be made during this process is child custody. Child custody refers to the legal and physical care of a child, and it can be a complex and emotional issue for both parents. In this blog post, we'll discuss how child custody is determined, and what factors judges consider in making their decisions. In Jamaica, child custody is determined based on the best interests of the child. The court takes into account a number of factors when making this determination, including: The child's age, gender, and health status The emotional and developmental needs of the child The child's relationship with each parent and other family members The ability of each parent to provide for the child's physical and emotional needs The ability of each parent to promote the child's welfare and maintain a stable home environment The child's wishes...

So you may be thinking, I'm too young or I'm too old to do a will. Ok fine. But do you want to know the best time to do a Will? Come closer, let me let you in on the secret - now is the best time. Right now. Second best time?  After and or before any major life-altering decisions. There is no set time or age when it comes to drafting your Will. However, major milestones can operate as a tap on your shoulder - "hey girl/yo, time to do that will". Let's look at some. 1. Financial independence - Now that you're all on your own, no longer depending on your parents or guardians, one of the most adult things to do is write your Will. You may even have saved up some money in your bank account. But guess what, if your parents don't know of that account and you left no Will, that money now becomes either the bank's or the government's money. 2. Marriage - you may be wondering, what does marriage have to do with a will. Well, everything. You've now decid...

Why is a contract really important? Well, here are five reasons why? 1. It allows all parties involved to know their roles and responsibilities. A contract provides a description of the responsibilities of all the parties involved. Instead of picking out or being uncertain of your expectations, with a contract, you would know exactly what to expect. The contract gives you that certainty. You, therefore, would not need to search for email, texts, papers, etc. to base your agreed terms on. You would know what duties are expected of you. Having a written contract prevents any confusion as to this. 2. A contract helps to minimize and solve disputes. Apart from the fact that most contracts provide details as to how disputes are to be resolved, the fact that the parties terms are in writing, means you have a legally enforceable document, which can be used in any court of law. On another note, by providing details as to how disputes are to be resolved, the parties are saved from exp...

A separation agreement is normally negotiated between previously intimate parties. This agreement normally provides clear rights and obligations as between spouses whether common law or marital. A separation agreement helps former spouses by providing finality and closure at the end of the relationship. With this closure, parties are able to move on with a more structured approach. When former spouses decide not to get a separation agreement, future conflicts may arise, especially when children are involved.  Issues can arise such as who pays the child's university expenses or what portion does each party pay? A party can become unemployed and now seeks spousal maintenance. The separation agreement makes all these obligations clear. The need for a separation agreement further arises when a party moves on and finds a new partner. He/she will be entering this relationship without full closure as it relates to previous relationship Bonus tip: it is much easier on the emoti...