Similar to New Zealand, Jamaica operates under the Torrens Title system. There are still lands which have not yet been brought under the Torrens system and as such, the old way of proving good root of title still operates. The process is the same as explained above. The Executor or Administrator once in possession of the relevant court Grant be it Probate or Grant of Administration must do the following:
- Advertise for Creditors and pay all debts and liabilities
- Obtain estate TRN (tax registration number)
- pay Transfer tax on death- so that he/she can be registered on Transmission on the Title
- Once registered on Transmission- the executor or administrator can transfer the properties to the beneficiaries or sell said property (depending the circumstances)
The legal Title in vested in the Executor or Administrator. Once all liabilities are settled they become trustees for the net estate to be transfer to the beneficiaries.
If the beneficiaries wish to sell the executor/ administrator being registered on transmission can proceed to sell to a third party and his production of a copy of the title with him/her registered on transmission plus copy of the Court Grant is accepted as good proof of authority to sell in Jamaica even where purchaser in using a mortgage company.
Kedia Delahaye