Guernseys New Inheritance Law

It may be untimely during Advent with the hope that Christmas brings to be thinking of the grave matter of dying but the introduction of Guernsey’s new inheritance Law requires every family to take stock of their situation.

Guernsey Law is extremely protective towards inheritance with significant differences to other jurisdictions. It might surprise some that it was as recent as the beginning of the 20th century that Droit de Préciput (when first son took all) was repealed. Other subtle changes have evolved since then but only now will illegitimate children have certain rights of inheritance. Most people applaud this without reservation, but also without a thought of the turmoil it can cause to a deceased person’s family at a time when they will least appreciate the intrusive nature of the new Law.

This may only be an issue when a person dies intestate – that is, dies without leaving a Will. The matter of Wills is much too broad to attempt to summarise out of context but basically everyone who owns, or has inherited or has a share in Real property (land with or without any sort of buildings) should make a Will of Realty, and everyone with money in a bank account or who owns company shares or jewellery or any other chattel of value should make a Will of Personalty.  Even people without children will ease the burden for those sorting out a deceased person’s estate if they leave Wills in place, and it is essential for all beneficiaries to be named individually.

An unfortunate issue with the new Law is the difficulty if not impossibility for anyone to prove they have no illegitimate children. It may be implausible for some people to even consider this possibility but without certainty it might take six years of research before the estate can be settled. To eliminate this risk it is important that a Will actually names the person or people due to inherit. Gone are the days of saying “I don’t need to make a Will because my children will inherit everything equally.” They may well do so, but not without cost and lengthy delay nor without having to answer awkward questions about their lamented parent.

 

Click on the links below to read our property articles.

Guernseys New Inheritance Law. >>

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