Who Can Witness a Jamaican Will Signed in the US, UK or Canada?

Short answer: any two adults of sound mind can witness your Jamaican will, wherever you sign it, as long as they are not beneficiaries (or married to a beneficiary), they are both present at the same time when you sign, and they each sign in your presence. A notary is not required, but it can help later.

The rule in plain English

Jamaica's Wills Act requires a will to be in writing, signed by the person making it (the testator), with the signature made or acknowledged in the presence of two witnesses present at the same time, who then sign in the testator's presence. There is no rule that the witnesses must be Jamaican or that you must sign in Jamaica.

Good witnesses

• Coworkers, neighbours, friends, a bank officer, or staff at a notary's office.
• People who are likely to be traceable for years. Note their full name, address and occupation clearly.
• Adults who can read the attestation clause and understand what they are signing.

Who should not witness

• Anyone who receives a gift under the will, and their husband or wife. Under the Wills Act a gift to an attesting witness, or a witness's spouse, can be void, even though the will itself stays valid. This is the most common DIY mistake.
• Your executor, if they also inherit. It is safer to use completely independent people.
• Anyone under 18, or anyone who may later be said to lack capacity.

Step-by-step signing (anywhere in the world)

1. Print the will single-sided. Do not staple or attach anything after signing.
2. Gather yourself and both witnesses in one room. Nobody leaves until all three have signed.
3. You sign at the signature line, in full, in front of both witnesses.
4. Each witness signs the attestation clause and prints their name, address and occupation.
5. You initial each page. It is good practice for the witnesses to initial too.
6. Write the date and the city and country where you signed.
7. Store the original safely and tell your executor where it is.

Do I need a notary or an apostille?

No for validity; maybe for convenience. Jamaican probate normally needs proof the will was signed properly. If the attestation clause is clear, that is often enough. If your witnesses could be hard to find later, having one swear an affidavit of due execution before a notary when you sign can save your executor trouble. An apostille is generally not required for the will itself, though an attorney may ask for authenticated documents in specific cases.

Remote and video witnessing

Some countries allowed video witnessing during the pandemic. Do not rely on that for a Jamaican will. Plan for the witnesses to be physically present with you.

Related: How to make a Jamaican will from overseas · Does a US will cover Jamaican property?

General information only, not legal advice.