Introduction On being born in Jersey, the birth is registered by the parish registrar of the parish where born, within 21 days from date of birth. On death in Jersey, that death is registered by the parish registrar of the parish where death occurred, within 5 days from date of death (or such longer time […]
What is a will? The term “Will” denotes the testamentary wishes of the Testator upon death and refers to the document in writing that records those wishes. The characteristics of a Will are: – It must be in writing. – It is a declaration of the Testator’s intention. However, the Testator remains free to dispose […]
Introduction The purpose of this page is to set out the law and rules concerning the gifting of movable property: – movables bequeath under a valid Will – movables bequeath under intestacy. There is either no Will or the Will has failed for some reason. When we refer to “Spouse” below, this now includes a […]
Introduction Immovable property means for the most part the land and building fixed to it. A definition is set out in Part 1. It is not movable property. Property acquired through share transfer is not immovable property. Up until 1851, you could not dispose of your immovable property by Will. On death, having immovable property, […]
Introduction If the Testator leaves no valid Will on death then the administration and distribution of the estate is dealt with on Intestacy. See Part 6 for more detail. If the Testator leaves Immovable property, there is a separate procedure for immovable property to devolve on its ultimate beneficiary. See Part 4. If the Testator […]
Introduction When a person dies leaving a valid Will of movables, that Will usually identifies the person to be appointed executor to administer the Testator’s estate. An application is therefore made to the Registrar of Probate for the Will to be registered, and the named person to be appointed under a Grant of Probate. This […]
Introduction If no valid will of movable property has been prepared by the testator then the administration and distribution of the movable property is dealt with under Intestacy. This has its own separate procedure and this information is set out in Part 6. If the property is immovable property this needs no executor because from […]
Immovable Estate Copies of Wills of Immovable Estate dating back to 1851 and the index of Deeds of Sale are held at the Public Registry in Royal Court House, Royal Square by The Registrar of Deeds. You can get copies of Wills of Immovable Estate by going to the Public Registry in the Royal Court […]
The following checklist is to help anyone who finds themselves in the role of Executor or Administrator of an estate and feels willing to carry out the duties involved. If having looked through these notes it seems too difficult, it is possible, with the beneficiaries’ approval, to get professional help from an accountant, lawyer or […]
The information given below is for general guidance only. If the deceased is unmarried Leaving children Children share estate in equal parts. If any child dies before the deceased, that child’s share goes in equal shares to their children Leaving no children but leaving siblings or issue of siblings Brothers and sisters share the estate […]
Rights of person with life enjoyment, the Usufructier Individuals inheriting life-enjoyment of property may prefer to rent out the property and not live in it. The lease or agreement should carry a safeguard for the tenant to protect their interests when the property reverts to the residual legatees who inherits. Residual legatees are responsible for […]
When would intestacy be preferable? Under the Wills and Succession (Jersey) Law 1993, as amended by the Wills and Succession (Amendment) (Jersey) Law 2010, there is the possibility that a spouse may benefit from the fact that their deceased spouse has not made a Will of movable estate when the value of the total estate […]
