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Ely, Attorney
Category: International Law
Satisfied Customers: 103400
Experience:  Private practice with experience in common law, civil law, international family law, and international contracts.
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My father in-law was a Jamaican resident and passed away in

Customer Question

My father in-law was a Jamaican resident and passed away in Jamaica last year, he owns a property and land. He left a 'Will' with three named executors. Two of the executors are husband and wife and have advised that they no longer wish to act as executors of the 'Will', they can confirm that 'Will' is genuine. The third executor is unknown to the family and did not note their full address on the 'Will, just the location 'Petersfield'.
If we cannot locate this third person, where do we stand in regards ***** ***** 'Will' and my father in-laws wishes being carried out?
Many thanks
Submitted: 1 year ago.
Category: International Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about your family's loss. Please tell me: Has probate been initiated in Jamaica, or not yet? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Expert:  Ely replied 1 year ago.
You have not responded to my information request and I do have to log off, but I will answer based on the information you have provided so far.
If two executors decline the position and a third cannot be found, then the Court will simply appoint an able individual for the position. This can be a friend/family of the deceased who steps forward, or if no one does, the Court then most often appoints a third-party lawyer.
The Executor is STILL bound by the Will, and have to periodically report to the Court and to the beneficiaries on their actions. Their whole job is to ensure that the Will's instructions are carried out, regardless of how they actually got appointed.
Any negligence, deviation, or fraud by the Executor can be caught by the Court or a diligent beneficiary and then the Executor may not only be dismissed (and another appointed), but also civilly liable for their mistakes and/or criminally charged.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.