The Administration Process At a Glance

1. In order to administer these estates, the Department must first find out the total assets left by the deceased, identify the lawful beneficiaries and ascertain the liabilities payable by the estate.
   This legal authority to administer assets of an estate comes from a Grant of Probate, or Letters of Administration, or Letters of Administration, with the Will Annexed.

2. Any one or more of the following circumstances must first exist before the Department may act:
   • Where the Administrator-General is appointed Executor under a Will;

   • Where a Will was made, but no Executor was named or the named Executor has died before acting or during the course of the execution of his/her duties, renounces or refuses to act;

   • Where a person dies without leaving a Will; i.e. intestate

   • Where a minor is entitled to a share of the estate of the deceased who has died intestate

   • Where the beneficiaries are all adults but are not in agreement as to which of them should administer the estate;

   • Where the Residuary Estate of the deceased intestate does not exceed One Thousand Dollars ($1,000).

With the passage of the Administrator-General’s (Amendment) Act of 1999, coupled with the Civil Procedure Rules 2002, the Department is now required to issue her consent in all intestate matters by way of the Certificate of the Administrator-General.

3. Having obtained Letters of Administration, the Department takes formal possession of all the assets in the estate, maintains and manages them and holds them upon trust until they are disposed of by transfer to the beneficiaries, or by sale. Where appropriate, estate trust funds are safely invested as prescribed by the Trustee Act and the Administrator-General’s Act, or as directed by the Trust Document (Will), thereby earning and generating income for the estate and the Department.

4. Before the Department can carry out its functions, beneficiaries are required to complete a Form of Particulars.

5. The Procedure from then on is as follows:
   • The details supplied on the Form of Particulars will enable the officer assigned to make investigations regarding the beneficiaries and assets of the estate, request further information and any other documents required, and write to financial institutions or other organizations regarding any money held by them for the estate of the deceased.

6. Upon completion of the investigations, the Administrator-General instructs external attorneys-at-Law to prepare and file documents in Court grounding an application for a Grant of Probate, Letters of Administration or Letters of Administration with the Will Annexed. Increasingly, the majority of applications are being done in-house.

7. On obtaining a Grant of Letters of Administration, or Letters of Administration with the Will Annexed, the Administrator-General proceeds to collect personal assets and take formal possession of real property comprised in the estate, with a view to managing them until they are transferred to the beneficiaries, or sold.

8. After paying Funeral Expenses, (which are a first charge against an estate), Administration Expenses, and settling any other claims against the estate, the Administrator-General thereafter:
   • Causes moneys held for minors to be invested;

   • Manages the properties of which formal possession have been taken until they are transferred to the beneficiaries or sold; this includes rental of the properties;

   • Makes periodic payments to the surviving parent or guardian of the minor from the Income derived from investments in the estate;

   • Transfers real properties to adult beneficiaries where appropriate;

   • Distributes the assets to the beneficiaries according to the Will of the deceased or the Law as stated under the Intestate’s Estates and Property Charges Act;

   • Prepares final accounts when all beneficiaries and assets have been determined;

   • Closes the estate.

There is no specific time frame within which an estate can be closed, as invariably there are numerous administrative responsibilities along the way.  It must be understood that if an intestate leaves behind a one-year old child, then the law requires that intestate’s estate to remain with us for at least the next seventeen (17) years.

Legislation Governing the Operation of the Agency

oThe Administrator-General’s Act

oThe Status of Children’s Act

oThe Wills Act

oThe Executive Agencies Act

oThe Rent Restriction Act

oThe Registration of Titles Act

oThe Moneylending Act

oThe Law Reform (Miscellaneous Provisions) Act.

Protecting the Interests of Minors and the Mentally Challenged

The Administrator-General (AG) is required by statute to be the administrator of all intestate estates where a minor is a beneficiary thereof, subject to a decision by the Court that it will be for the benefit of the estate for some other person to be appointed administrator. The AG may also act as committee for persons with mental disabilities.

Developments

The Administrator-General’s Department became an Executive Agency on April 1, 1999, under the Public Sector Modernization Programme. The Modernization Plan Framework Document (MPFD), and the Medium Term Financing Plan (MTFP), set out the environment within which the Department operates.

The Framework Document establishes the basis upon which the Department, and its Chief Executive Officer (CEO), should operate and defines how they will relate to the Minister and Ministry of Justice (Portfolio Ministry), the Ministry of Finance and Planning, and the Office of the Prime Minister.

The Executive Agencies Act was passed in 2002.  the principal objects of which are:

othe establishment of Executive Agencies;

othe promotion of prudent, effective and efficient management in Executive Agencies;

othe provision of appropriate mechanisms for proper management, accountability and transparency in the operation of Executive Agencies;

othe enhancement of the effective and efficient delivery of goods and services to the public

The Organizational Structure

The Chief Executive Officer holds the statutory position of Administrator-General (AG) for Jamaica and, in keeping with the laws since that office was established in 1873, is deemed to be an officer of the Supreme Court.

Strategic Objectives

1. Optimize the net worth of each estate within the law in order to maximize the value that will accrue to the beneficiaries;

2. Assess the entitlement and provide timely distribution of cash and assets of estates to beneficiaries and creditors;

3. Review the effectiveness of legislation and policy and make recommendations for change in order to provide a better framework for achieving objectives;

4. Improve the cost-effectiveness of operations, deliver core services to agreed performance standards at cost and generate additional revenues through value added services.

5. Continue the backlog taskforce project to reduce the number of backlog cases.

Corporate Principles

1. The Administrator-General’s Department will not abuse its monopoly position as the central point for the administration of estates in intestacy.
   In the furtherance of this principle it will closely monitor its costs and will strive to operate with efficiency and effectiveness and only pass on the actual costs as fees for core services. While it may be able to produce some services for market related fees at a surplus, this surplus will be used to cross subsidize essential core services.

2. The AGD will seek to minimize its net funding requirement from Government on a full cost accounting basis and will not be seeking to generate total fees in excess of its total costs;

3. It will provide a safe and healthy environment for customers and staff;

4. It will provide a highly functional working environment where staff members are well trained, properly equipped and motivated to perform at the highest level of productivity, are rewarded for continued excellence in customer service, and the level of job satisfaction is enhanced;

5. It will take account, when deciding to introduce a new service, of whether:
   • this is consistent with the Administrator-General’s Act and related legislation;

   • this is consistent with the mission and strategic objectives of the Department;

   • it is competing unfairly with segments of the private sector, and;

   • whether it would distort competition amongst private sector organizations.

6. The Administrator-General’s Department will consult its users and providers of information in order to work with them more effectively and monitor customer needs and the extent to which it is meeting them, improving the reliability, quality and accessibility of services as appropriate, and;

7. Will discharge its functions with due regard to efficiency and economy and the financial objectives and performance targets, which it has set.

Looking to the Future

The Department continues to re-define its operational procedures to maximize its level of efficiency and effectiveness in the 21st Century.  To this end, it has enumerated a number of strategic objectives, and operating principles.

A BRIEF HISTORY

The Early Years

When the Office of Administrator-General was established in 1873, the duly authorized officer was bound to administer on the estates of which the personalty amounts to £50 and upwards of persons who die intestate without leaving a widower, widow, brother or such relatives who will not take out Letters of Administration within three months of the death of the deceased.

The Administrator-General was made subject to the control of the Supreme Court of Judicature and, being an officer of that Court, was accountable to it for the due and efficient discharge of his duties.

In those early days, the Administrator-General received a salary of £300 per annum and 6% on his disbursements. He defrayed all the expenses of his office including the salaries of his clerks out of his emoluments.

The first Administrator-General, Charles Hamilton Jackson, who served from 1873-1878, received his first Grant of Letters of Administration from the Supreme Court of Judicature on the 24th of February 1875in the Estate of Douglas Pitt. His second grant came over one year later, on the 18th of May 1876in the Estate of Julia Florence Bell.

Administrator-Generals Over the Years

• Charles Hamilton Jackson 1873 - 1878

• Edward Bancroft Lynch 1878 - 1880

• William Lee 1880 - 1893

• Phillip Chapman 1893 - 1899

• John Mapletoft Nethersole 1899 - 1935

• Alan O. Ritchie 1935 - 1942

• R.C. Marley 1942 - 1948

• Herbert F. Barry 1948 - 1955

• Eric Charles Tomlinson 1956 -

• Louis Lloyd Mendez 1960’s

• Errol A. Hall 1970’s

• Noel Irving 1970’s

• Allan A. Grant 1982 - 1985

• Omar Gower Bradley 1985 - 1989

• Verna Bennett 1989 - 1992

• Andrew Robin Gyles 1992 - 1996

• Lona Brown 1996 - present

The Many Roles Played by the Administrator-General

The Administrator-General over time has held four other posts, in keeping with the demands of the society: Trustee in Bankruptcy; Stamp Commissioner; Custodian of Enemy Property; and Protector of Immigrants.

Trustee in Bankruptcy

The officer who held the post of Administrator-General since its inception was also the Trustee in Bankruptcy until, by Law 27 of 1936, the Administrator-General ceased to be the Trustee in Bankruptcy. The Departments, however, have been separated as from the 7th day of January, 1937.

Stamp Commissioner

The Offices of the Administrator-General and Stamp Commissioner were one during the period of the 1st of September 1893 to August 1899. Mr. Phillip Chapman, the Administrator-General during this period, assumed both posts but the offices were again made separate on his retirement in 1899.

Custodian of Enemy Property

The Administrator-General was appointed Custodian of Enemy Property under the Trading with the Enemy Regulations of 1939, the year of the commencement of World War II. The responsibilities of the office involved the seizing and confiscation of all property real and personal in Jamaicadeemed to belong to an enemy under those regulations.

The British Government apparently established such an office in all its colonies with the head Custodian situated in England. There was also established a Concentration/Internment Camp at Up Park Camp where these enemies of the English Empire were detained. The Administrator-General was responsible for their financial upkeep and was the only person through which any person or company could have legal contact with these enemies of the empire.

Thus, if your sister was married to a German or a supporting country of Germany, you could only address your sister through the Custodian of Enemy Property, the Administrator-General. Numerous pieces of real estate were sold by the Custodian under the regulations and include what are now prime pieces of land in Downtown Kingston and the Constant Spring area.

Protector of Immigrants

The Administrator-General was appointed Protector of Immigrants in 1879 by Law 23 of 1879, which provides for the appointment of the Protector of Immigrants, the powers and duties of the Protector of Immigrants, the security required from the Protector and his salary and allowances. The tasks of this office were manifold. The main duty of the Protector was to ensure that the property of immigrants was protected according to the laws of the day.  At that time, the Indian immigrants were the majority.

In 1941 it was suggested that the duties of the protector of the Immigrants be given to the Labour Adviser. The Administrator-General then ceased being the Protector of Immigrants in the 1970`s when it was decided that such an office was no longer needed.

Staff History

The Administrator-General started out with a small staff, which grew in 1919 to 5 including the Administrator-General.

In 1935 the staff complement again increased and the Department had 23 members of staff including the Administrator-General.

Mr. Nethersole died on the 7th day of August 1935, while serving as Administrator-General, and was succeeded by the then Deputy Administrator-General, Mr. Alan Ritchie. In 1946 the Department had 42 members of staff and in 1950, the Department had 56 members of staff. The Department currently has 79 posts.

Some of our longest serving members of staff (who are still with us) are:

§Elsie Walker, who joined the Department in May, 1968;

Barbara Tomlinson, who joined in November, 1970

§Gay Clunis, who joined in December, 1970;

§Beverley Broadbell, who joined in January, 1972;

§George Tomlinson, who joined in August, 1976;

§Beverley Donaldson, who joined in April, 1985; and

§Jennifer Grace, who joined in April, 1985.

THE INTERNAL STRUCTURE

(A closer look)

This is the largest section in the Agency and covers Trust Administration, Registry/File management, Customer Service and Public Education.  It has a major impact on the overall performance of the Agency, and specifically on the quality of our customer service and the effectiveness of our processes and procedures.

The Legal Section ensures that the Agency is conducting its business in accordance with the Administrator-General’s Act, the Intestate’s Estates and property Charges Act, as well as other laws of succession and all laws touching on the work of the Agency.

In the course of its duties, the Section:

1. gives legal advice and attends to court matters on behalf of the Administrator-General;

2. reviews all relevant legislation and proposes amendments that will improve the Agency’s efficiency in achieving its overall targets;

3. issues for arrears of rent and recovery of possession and undertakes the sale of estate property;

5. reviews and makes recommendations on the handling of the charitable trusts and mortgage portfolios.

Finance & Asset Management

This section is responsible for the management of the finance s of the Department within Government of Jamaica’s approved budgetary guidelines, preparation of trust accounts, investment of financial assets of estates/trusts and management of estates with properties and business assets.

Human Resource & Administration

This Section is responsible for staffing, training and development, the management of fixed assets, inventory and office accommodation and procurement.

Information Technology

This Section has responsibility for supplying all the IT needs of the Agency and update of the website.

Internal Audit

The responsibilities of this Section include determining the level of value for money operation attained in the Agency and verifying and certifying the level of compliance with regulations and procedures.