Probate and Wills for Jersey
Wherever you live, it’s so important to write a will. Having a will means that you can choose how and to whom your estate is given after you die. It also means that you can choose guardians for your children, and make sure that other family members and friends are going to be looked after should you pass away. On the island of Jersey, there are some important points to remember when writing your will.
The first thing to do is to work out what classification your assets fall under. There are immovable assets (land and property) and moveable assets (money, share, trusts, jewellery and so on). It’s important to distinguish between the two because in Jersey it is often the case that you will actually have two wills; one for immovable assets, and one for movable ones. Remember that an immovables will does not require an executor, but it does need to be registered in the Public Registry in order for it to be adhered to. A moveable assets will does need an executor who will need to go to the Probate Registry and swear an oath before the will can be granted probate and the assets distributed.
Probate Jersey
Under Jersey law, there is something called ‘legitime’ (or ‘forced heirship’). It means that if you have a spouse or civil partner, and/or children, you are only able to choose what happens to one third of your moveable assets. This is so that your spouse, partner, and children are all definitely cared for; they are entitled to two thirds of the estate. If you create a will that leaves everything to your spouse it doesn’t automatically mean that it is invalid, but it does mean that a claim could be brought against it by your children, for example, and that it is likely that they would win that claim.
If, when you come to write your will, you are unsure about anything, it is best to consult with an expert to ensure that you get it right.
