Jersey
Answer ... Jersey distinguishes between movable property and immovable property. Immovable property is land, freehold property and leases of over nine years. Movable property is effectively everything else, including cash in bank accounts, shares (including shares in share transfer properties), jewellery and so on. In Jersey, it is the laws of the jurisdiction in which the deceased is domiciled at the date of his or her death which will govern the distribution of his or her movable estate (lex domicilii). When considering immovable property, the validity of a disposition will be governed by the laws of the jurisdiction in which such immovable property is situate (lex situs).
Jersey
Answer ... Any conflict of law issue will be determined by the Jersey courts in accordance with the principles of private international law, as applied by Jersey law. This would include consideration of the concept of domicile and the doctrine of renvoi (reference back). The concept of domicile is central to the rules governing the succession to movable property under Jersey law (see question 3.1). Jersey broadly follows the same common law rules as England and Wales, and English cases have persuasive authority in the Jersey courts.
Jersey
Answer ... Following the same distinction, immovable property in Jersey is not subject to any forced
heirship regime. Generally speaking, a person has complete testamentary freedom in respect of his or her Jersey immovable property. The one exception is in the case of a married person/civil partner, where the surviving spouse/civil partner has a right to the life enjoyment of one-third of all the deceased’s immovable property (known as ‘Jersey dower’). Separately, to the extent that a surviving spouse/civil partner does not inherit the matrimonial home/civil partnership home (whether an immovable or share transfer property), the surviving spouse/civil partner is automatically entitled to a life interest in the home and any heir will take subject to that life interest.
If a person dies domiciled in Jersey leaving a valid will, there are quasi-forced heirship rules as to how he or she may leave his or her movable property, known as légitime. These rules afford a deceased’s surviving spouse/civil partner and/or issue rights to certain proportions of the deceased’s movable estate regardless of the provisions of any will of movable property. If a will infringes légitime, the relevant family members can force the deceased’s estate to be distributed in accordance with the légitime proportions, which are as follows:
- Where the deceased is survived by a spouse/civil partner and issue, he or she may only freely dispose of one-third of the net movable estate (net estate). The surviving spouse/civil partner is entitled to the household effects and one-third of the net estate, and the issue are entitled to claim a further one-third share, to be divided between them in equal shares per stirpes (by branch).
- Where the deceased leaves issue but no spouse/civil partner, he or she is entitled to dispose freely of one-third of his or her movable property. The issue are entitled to claim the remaining two-thirds of the net estate, to be divided between them in equal shares per stirpes (by branch).
- Where the deceased leaves a spouse/civil partner but no issue, he or she is entitled to dispose of one-third of the net estate, and the surviving spouse/civil partner is entitled to claim the household effects and the remaining two-thirds of the net estate.
The onus is on the entitled beneficiaries to claim their légitime within one year and one day of the grant of probate, failing which the terms of the deceased’s will will be upheld.
Jersey
Answer ... The movable estate of a person dying intestate is subject to different rules. The entitlements of the surviving spouse/civil partner and surviving issue are as follows:
- Where there is no issue of the deceased spouse/civil partner, the surviving spouse/civil partner takes the whole of the net estate.
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Where the deceased spouse/civil partner leaves a surviving spouse and issue:
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- the surviving spouse is entitled to the household effects (a defined term), other movable estate to the value of £30,000 and half of the rest of the net estate; and
- the issue take the other half of the rest of the net estate in equal shares.
- Where there is no surviving spouse/civil partner, the issue take the estate in equal shares.
If a person dies leaving neither a surviving spouse/civil partner nor issue, the movable estate devolves to his or her heirs at law in equal shares in accordance with certain customary law rules. If there are no heirs, the property will go to the Crown.
In respect of the immovable property of a person who dies intestate, the entitlements of the surviving spouse/civil partner and surviving issue are as follows:
- Where there is no issue of the deceased spouse/civil partner, the surviving spouse/civil partner is entitled to the whole of the immovable estate.
- Where the deceased spouse/civil partner leaves a surviving spouse/civil partner and issue, they are entitled to an equal share with each child who has survived the deceased spouse/civil partner and, if any, the issue of each child who predeceased the deceased spouse/civil partner and surviving the deceased spouse/civil partner.
- Where there is no surviving spouse/civil partner, the issue share the estate in equal shares as owners in common.
In the second and third cases above, where a child has predeceased the deceased, the deceased child is represented by his or her heirs, who take per stirpes (by branch) if there is more than one of them. In other words, if the deceased and his or her surviving spouse/civil partner only had one child who predeceased the deceased, but that child had a surviving child, that surviving child (ie, grandchild) will count as issue and take the share of the parent.
If a person dies leaving neither a surviving spouse/civil partner nor issue, the immovable estate devolves in equal shares as owners in common between the heirs at law. The heirs at law are determined according to certain customary law rules. If there are no heirs, the property will go to the Crown.
In addition, to the extent that a surviving spouse/civil partner does not inherit the whole of the net movable estate or the whole of the immovable estate, the surviving spouse/civil partner is automatically entitled to a life interest in the matrimonial home/civil partnership home (which includes immovable and share transfer properties), and any heir will take subject to that life interest.
Jersey
Answer ... Subject to the rules on forced heirship (légitime) and Jersey dower, including the statutory provisions concerning the matrimonial home, it is not possible for beneficiaries to challenge their entitlements under Jersey’s succession rules.