WILLS & ESTATES
where you die leaving a valid Will, there are situations where your spouse/civil partner and/or children can challenge your Will if they have not received a certain amount of your estate which the law states that they are entitled to. Any reference to spouse in this article also includes reference to a civil partner.
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Under Jersey law there is a distinction between the two types of property you may own. Your immovable estate consists of freehold land, flying freehold land and leases of over 9 years. Your movable estate is likely to be made up of cash, investments, jewellery, cars and shares.
It is therefore
common in Jersey for a person to make two Wills, each dealing with the separate types of property.
People who are domiciled in Jersey (with an intention to permanently remain) enjoy a great deal of testamentary freedom to deal with their estate in the way they wish. This freedom is however limited in terms of movable estate. In Jersey, the law dictates that if you die having made a Will without leaving your spouse and/or children a share of your movable estate, then they can make a claim against your estate within a certain time period.
If you die leaving a spouse and children, they are each able to make a claim for one-third of your estate. The remaining third can be given to whoever you choose. If you die leaving only a surviving spouse, or only children, they are entitled to make a claim for two-thirds of your movable estate, the remaining third again you will be free to leave to whoever you like. This is Jersey’s forced heirship law known as légitime.
Despite the forced heirship provisions, many spouses choose to leave 100% of their estate to their surviving spouse and nothing to their children until the surviving spouse dies. The children will not automatically be given the share of the movable estate to which they are entitled under the law and would have to make a legal claim for it.
Testamentary freedom in relation to Jersey immovable estate is much clearer. Aside from the right of a spouse to a life interest over one third of the matrimonial home, you are free to leave your immovable estate in whichever manner you desire (this is not the case if you own your property ‘jointly for the survivor’ as the surviving co-owner(s) will automatically
obody likes to think about their death, however, it is important to understand the affect that your death will have on those that you leave behind. Even
IN JERSEY by Zoe Blomfield, Managing Partner and Head of Personal Law
inherit). There is no légitime claim available against immovable property.
Having a Will in place is an important step, but as your circumstances change it is important that you review your Wills to make sure that they still reflect your wishes particularly following certain circumstances, for example;
1. If you marry or enter a new relationship; 2. If you have children; 3. If you acquire significant assets; or 4. If one of your chosen beneficiaries dies.
Formalities In order to avoid a situation where the law decides who inherits your assets (an intestacy) it is necessary that both of your Wills are validly executed. This means that the Wills must be in writing, signed and witnessed correctly. Your Will of immovable estate will also need to be read aloud to you by a qualified witness such as an Advocate of the Royal Court. If these steps are not completed, your Wills may be invalid and the laws of intestacy will apply.
Intestacy
An intestacy occurs where someone dies without leaving valid Wills. In this situation, the law will dictate who will inherit your property (both movable and immovable). It is a common misconception in Jersey that only male heirs are able to inherit. This is not the case. In simple terms the law of intestacy will look towards your closest relatives such as your spouse and your children in the first instance before branching out to your siblings, parents and full-blood relatives.
Unmarried couples, even couples who have
cohabited for many years, are not protected under the law and your surviving unmarried partner will not be entitled to any of your assets whether movable, or immovable upon your death.
In short, without valid Wills in place, the resulting effect on your estate could well be something that you did not intend. Once you have made your Wills, they can be changed as often as you wish. You can revoke the documents entirely or only parts of them, but be sure to seek expert advice before amending your own Wills as there are many legal factors to consider.
Probate
A Grant of Probate is a document issued by the court which gives your executor (the person appointed in your Will to
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20/20 - Finance
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