Wills and Successions
(Jersey) Law 1993
A LAW to amend the law relating to
inheritance, wills of movable and immovable estate, and the administration of
estates of deceased persons, to abolish certain rules of customary law and for
other purposes connected therewith
Commencement
[see endnotes]
PART 1
PRELIMINARY
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“civil partnership home” means a dwelling place situate
in Jersey occupied as their principal residence by a person and that
person’s civil partner which is –
(a) a bien-fonds owned by that person or by that person and that person’s civil
partner as tenants in common;
(b) held
under a lease for a term of years exceeding at its commencement 9 years
under which that person is the tenant or that person and that person’s civil
partner are the tenants; or
(c) a bien-fonds
owned, or held under a lease for a term of years
exceeding at its commencement 9 years, by a corporation of which that
person holds or that person and that person’s civil partner hold –
(i) all
the issued and outstanding shares, or
(ii) a
share or shares the holding of which, whether or not coupled with the grant of a
lease or licence, confers an exclusive right to occupy the dwelling place;
“Court” means the Royal Court;
“immovable estate” means immovable estate situate in Jersey;
“intestacy” includes partial intestacy and “intestate”
shall be construed accordingly;
“lease” includes a sub-lease;
“matrimonial home” means a dwelling place situate in Jersey
occupied as their principal residence by a person and that person’s
spouse which is –
(a) a bien-fonds owned by that person or by that person and that person’s
spouse as tenants in common;
(b) held
under a lease for a term of years exceeding at its commencement 9 years under
which that person is the tenant or that person and that person’s spouse
are the tenants; or
(c) a bien-fonds owned, or held under a lease for a term of years exceeding at its
commencement 9 years, by a corporation of which that person holds or that person
and that person’s spouse hold –
(i) all
the issued and outstanding shares, or
(ii) a
share or shares the holding of which, whether or not coupled with the grant of
a lease or licence, confers an exclusive right to occupy the dwelling place;
“tenant” includes a sub-tenant and a transferee of the
tenant’s interest under a lease;
“usufruit
of the matrimonial home or the civil partnership home” includes a usufruit of the interest
of a deceased spouse or deceased civil partner in the home where in relation to
the dwelling place constituting the home the deceased spouse or deceased civil
partner, and the surviving spouse or the surviving civil partner, as the case
requires, were –
(a) the
owners of a bien-fonds as tenants in common;
(b) the
tenants under a lease; or
(c) the
holders of a share or shares in a corporation owning the dwelling place or
holding it as tenant under a lease.[1]
(2) In this Law, any
reference to a ‘child’, ‘heirs at law’,
‘issue’ or ‘relatives’, or to any description of
relative, shall be construed in accordance with Article 8C, as it applies
by virtue of Article 8B.[2]
PART 2
SUCCESSION ON INTESTACY
2 Représentation
In every collateral
succession on intestacy, whether to movable estate or acquêts, any surviving descendant of a deceased brother, sister, uncle or aunt, whether of the whole or the half blood, shall
be entitled to a right of représentation of such brother or sister or uncle or aunt, the division being par souche.
3 Right of maternal
relatives in collateral succession
In every collateral
succession on intestacy, whether to movable or immovable estate, the rule by
which the paternal side excludes the maternal side in equality of degree is
abolished.
3A Assets
forming part of immovable estate treated as acquêts[3]
(1) In every collateral
succession of immovable estate on intestacy, an asset forming part of the
immovable estate (whether acquired by the deceased person on inheritance or by
other means) is treated as an acquêt.
(2) This Article does not
apply to the estate of a person who dies before the commencement of the Wills
and Successions (Amendment No. 3 – Collateral Succession of Immovable
Estate) (Jersey) Law 2024.
4 Heirs take as tenants in
common
(1) Subject to the
provisions of this Law and subject to the operation of the right of représentation,
the immovable estate as to which a person dies intestate shall devolve in equal
undivided shares between the heirs at law and such heirs shall take as tenants
in common (en parts égales en indivis pour eux et leurs hoirs
respectifs).
(2) In every collateral
succession of immovable estate, relatives of the half blood
whether consanguin
or utérin shall
each have a half share and relatives of the whole blood shall each have a whole
share.
PART 3
RIGHTS OF SURVIVING SPOUSE OR SURVIVING CIVIL PARTNER AND ISSUE[4]
5 Right
of surviving spouse to life enjoyment of matrimonial home or surviving civil
partner to life enjoyment of civil partnership home[5]
(1) Unless under the
provisions of Article 6 or 7 the surviving spouse or surviving civil
partner is entitled absolutely to the matrimonial home or civil partnership
home and subject to the provisions of Article 8, where a spouse or civil
partner dies intestate as to the matrimonial home or civil partnership home,
the surviving spouse or surviving civil partner shall be entitled to a usufruit of the
matrimonial home or civil partnership home with the usual rights and
obligations of a usufruitier.
(2) Notwithstanding any
provision in a lease requiring consent to the transfer of such lease, the
surviving spouse or surviving civil partner shall not require such consent to
take a transfer of the lease of demised premises in pursuance of paragraph (1).
6 Devolution of immovable
estate on intestacy
(1) Subject to the
provisions of Article 8, where a spouse or civil partner dies intestate as
to immovable estate the surviving spouse or the surviving civil partner shall
be entitled as follows –
(a) where
there is no issue of the deceased spouse or the
deceased civil partner, to the whole of the
immovable estate;
(b) where
the deceased spouse or the deceased civil partner leaves issue, to an equal share with each of the surviving
children of the deceased spouse or the deceased civil
partner and each child who has predeceased
the deceased spouse or the deceased civil partner leaving issue surviving the deceased spouse or the deceased civil partner.[6]
(2) For the purposes of paragraph (1)(b),
the issue of a deceased child shall take the deceased child’s share by représentation.
(3) Where a spouse or civil
partner dies intestate as to immovable estate the surviving spouse or the
surviving civil partner shall not be entitled to dower or viduité in any immovable estate as to
which the deceased spouse or the deceased civil partner died intestate.[7]
6A Extension
of right in nature of dower to surviving spouses and surviving civil partners[8]
Where a civil partner or in the case of a marriage by persons of the
same sex, a spouse, dies testate as to immovable estate, his or her civil
partner or spouse, as the case may be, shall have a right of usufruit in that immovable estate to the same extent and upon the same terms
as a widow has by virtue of her right of dower in the immovable estate as to
which her husband dies testate.
6B Extension
of right in nature of dower to widowers[9]
Where a wife dies testate as to immovable estate, the widower shall have
a right of usufruit in that immovable estate to the same extent and upon the same terms
as a widow has by virtue of her right of dower in the immovable estate as to
which her husband dies testate.
6C References
to dower in enactments and in dispositions[10]
(1) In this Law (apart from
Articles 6A and 6B) and in any other enactment, whenever enacted, a
reference to douaire
or dower, however expressed, shall be taken to include, unless the contrary
intention appears, a reference to the right of usufruit conferred by Article 6A or 6B.
(2) In any disposition executed
after this Article came into force, a reference to douaire or dower, however expressed, shall
be taken to include, unless the contrary intention appears, a reference to the
right of usufruit
conferred by Article 6A or 6B.
7 Devolution of movable
estate
(1) Subject to the
provisions of Article 8, where a spouse or civil partner dies intestate as
to movable estate it shall devolve as follows –
(a) where
the deceased spouse or the deceased civil partner
leaves a surviving spouse or a surviving civil partner, as the case may be, but
no issue, the surviving spouse or the surviving civil partner, shall take the whole of the net movable estate;
(b) where
the deceased spouse or the deceased civil partner
leaves a surviving spouse or a surviving civil partner and issue, the surviving
spouse or the surviving civil partner, as the case may
be, shall be entitled to –
(i) the
household effects,
(ii) other
movable estate to a value of £30,000, and
(iii) one-half
of the rest of the net movable estate,
and the issue shall take the other half of the rest of the net
movable estate.[11]
(2) Subject to the
provisions of Article 8, where a person dies testate as to movable estate
and is survived by –
(a) a
spouse or civil partner but no issue, the surviving spouse or surviving civil
partner, as the case may be, shall be entitled to
claim as légitime –
(i) the
household effects, and
(ii) two-thirds
of the rest of the net movable estate;
(b) a
spouse or civil partner and issue –
(i) the
surviving spouse or surviving civil partner, as the case may
be, shall be entitled to claim as légitime the household effects and one-third of the rest of the net movable
estate, and
(ii) the
issue shall be entitled to claim as légitime one-third of the rest of the net movable estate;
(c) issue
but no spouse or civil partner, the issue shall be entitled to claim as légitime two-thirds of
the net movable estate.[12]
(3) For the purposes of
this Article, the division of movable estate among issue shall be par souche.
(4) For the purposes of
this Article “household effects” means articles of household or
personal use or ornament normally situate in or around the matrimonial home or
civil partnership home, but excludes –
(a) any
motor vehicle;
(b) any
article used wholly or principally for business purposes;
(c) money
or securities for money;
(d) any
single article or any single group of similar or related articles forming a set
having in either case a value over £10,000; and
(e) any
article of personal use or ornament which is the subject of a specific bequest
under the will of the deceased spouse or deceased civil partner.[13]
(5) For the purposes of
this Article, moneys received under a policy of insurance taken out by the
deceased spouse or the deceased civil partner on the deceased spouse’s
life, or the deceased civil partner’s life, for the sole purpose of
repaying or reducing indebtedness which is secured either by a simple
conventional hypothec or a judicial hypothec against immovable property owned
by the deceased spouse or the deceased civil partner alone or with another or
others, shall not be deemed to form part of the net movable estate to the
extent that they are used to repay or reduce such indebtedness or interest
accruing thereon to the date of repayment.[14]
(6) The States may from
time to time make Regulations altering the sums specified in –
(a) paragraph (1)(b)(ii);
(b) paragraph (4)(d).
8 Spouses living apart
(A1) In this Article the
“surviving spouse provisions” means –
(a) the
provisions of Articles 5, 6, 6B and 7 which operate to confer property or
any usufruit, interest, right or title in or to property on a surviving spouse;
and
(b) so
much of the customary law as operates to confer property or any usufruit, interest, right or
title in or to property on a surviving spouse in his or her capacity as such.[15]
(1) The surviving spouse
provisions shall not apply where –
(a) at
the date of the death of the deceased spouse the deceased spouse and the
surviving spouse were not residing together; and
(b) either –
(i) the
surviving spouse had deserted the deceased spouse without cause and such
desertion was continuing, or
(ii) a
decree of judicial separation with respect to the surviving spouse had been
granted by a court to the deceased spouse.[16]
(2) Where, by operation of
the provisions of paragraph (1), the surviving spouse provisions do not
apply to a surviving spouse, any property of the deceased spouse to which the
surviving spouse provisions would otherwise have applied shall devolve as if
the surviving spouse had died immediately before the deceased spouse.
(3) Paragraphs (1) and
(2) are without prejudice to any power of the Court, on any grounds other than
the grounds set out in paragraph (1), to exclude a person from the right
to succeed to an estate.[17]
8AA Civil partners
living apart[18]
(1) The provisions of Articles 5,
6, 6A and 7 operating to confer property or any usufruit,
interest, right or title in or to property on a surviving civil partner (in
this Article referred to as the “surviving civil partner
provisions”) shall not apply where –
(a) at
the date of the death of the deceased civil partner the deceased civil partner
and the surviving civil partner were not residing together; and
(b) either –
(i) the
surviving civil partner had deserted the deceased civil partner without cause
and such desertion was continuing, or
(ii) a
separation order with respect to the surviving civil partner had been granted
by a court to the deceased civil partner.[19]
(2) Where, by operation of
the provisions of paragraph (1), the surviving civil partner provisions do
not apply to a surviving civil partner, any property of the deceased civil
partner to which the surviving civil partner provisions would otherwise have
applied shall devolve as if the surviving civil partner had died immediately
before the deceased civil partner.
(3) Paragraphs (1) and
(2) are without prejudice to any power of the Court, on any grounds other than
the grounds set out in paragraph (1), to exclude a person from the right
to succeed to an estate.[20]
Part 3A[21]
equality of succession rights of legitimate and illegitimate issue
8A Interpretation
of Part 3A
In this Part –
“commencement day” means the day this Part came into force;
“disposition” means a disposition made by –
(a) a
will or codicil; or
(b) an
instrument executed entre vifs which relates to rights of succession;
“rights of succession” include the entitlement,
according to customary law –
(a) to
apply to reduce a will ad legitimum modum; or
(b) to a
grant as administrator or executor dative.
8B Application
of Part 3A
This Part applies to the estate of a person who dies on or after the
commencement day.
8C Equality
of succession rights of legitimate and illegitimate issue
(1) An illegitimate child
shall have the same rights of succession as if he or she were the legitimate
issue of his or her parents.
(2) A person shall have the
same rights of succession –
(a) to
the estate of an illegitimate child; or
(b) to an
estate traced through a relationship of which an illegitimate child was the
progeny,
as if that child were the legitimate issue of his or her parents.
8D Construction
of dispositions
(1) This Article applies to
a disposition executed on or after the commencement day.
(2) The disposition shall
be construed in accordance with the rights expressed in Article 8C, unless
a contrary intention appears.
(3) Accordingly, in the
disposition, ‘child’, ‘issue’, ‘son’ and
‘daughter’ and any similar description, shall be taken to include
both legitimate and illegitimate persons of that description, unless the
contrary intention appears.
(4) A disposition executed
before the commencement day is not, for the purposes of paragraph (1), to be
treated as executed on or after that day by reason only that the will or
instrument in which it appears has been confirmed by a codicil or further
instrument executed on or after that day.
8E Presumptions
of survivorship relating to illegitimate child
(1) Unless the contrary is
proved, an illegitimate child shall be presumed not to have been survived by
his or her father or by any person related to the child only through the
child’s father.
(2) Unless the contrary is
proved, for the purposes of obtaining a grant of probate or administration, it
shall be presumed that the deceased was not survived by –
(a) an
illegitimate child; or
(b) any
person whose relationship to the deceased is traceable through the birth of an
illegitimate child.
8F Amendment
of customary laws
The customary laws of succession are hereby amended so as to confer the rights expressed in Article 8C.
8G Construction
of enactments
Enactments pertaining to rights of succession shall be construed so as to confer the rights expressed in Article 8C.
PART 4
COMMORIENTES
9 Declaration of
survivorship or simultaneous death
(1) Where 2 or more persons
appear to have died in circumstances rendering it uncertain which of them
survived the other or others, any interested person may apply to the Court for
an order declaring that the persons who appear to have died in such
circumstances shall be deemed to have died simultaneously or,
as the case may be, declaring that one or more of those persons survived
another or others.
(2) Where any application
is made under this Article –
(a) notice
thereof shall be given in such manner as the Court may direct, and any other
interested person may intervene and be heard;
(b) the
Court shall examine the evidence produced by the applicant and by any person
intervening and may order such other persons to be convened, such additional
evidence to be heard and such further enquiries to be made as the Court thinks
necessary.
(3) In any proceedings
under this Article –
(a) the
onus of proving the survivorship or predecease of any person shall rest on the
party asserting it;
(b) in
the absence of corroborating evidence, the Court shall not be bound to accept
the accuracy of any statement specifying the time of death of a deceased person
contained in any certificate issued, or register of deaths maintained, by any person
or authority, or in any report of an inquest or other official inquiry.
(4) On any application for
an order under this Article the Court shall not make an order in respect of any
deceased person unless it is satisfied that –
(a) at
the time of death the deceased person was domiciled in
Jersey;
(b) at
the time of death the deceased person owned, or was
entitled to an interest in, movable or immovable property situate in Jersey; or
(c) the
right of the deceased person to any movable or immovable property or to any
interest therein was, or could have been, affected by the death of another person
in respect of whom the Court has power to make an order on an application under
this Article.
(5) If at the conclusion of
proceedings under this Article the Court is of the opinion that the sequence in
which some or all of the deceased persons named in the
application died has not been established beyond reasonable doubt, the Court
shall make an order declaring that such persons shall be deemed to have died
simultaneously.
(6) If at the conclusion of
proceedings under this Article the Court is satisfied beyond reasonable doubt
that a deceased person named in the application survived another deceased person
therein named for any period of time, the Court may
make an order declaring that the one survived the other.
(7) An order made under paragraph (5)
or (6) shall be binding on all persons for all purposes affecting the title
to –
(a) the
immovable estate situate in Jersey of a deceased person named in the order who died domiciled in Jersey or elsewhere;
(b) the
movable estate wherever situate of a deceased person
named in the order who died domiciled in Jersey;
(c) the
movable estate situate in Jersey of a deceased person named in the order who died domiciled
outside Jersey
where the devolution of such movable estate is not governed by the law of any
other country or falls to be governed by the law of Jersey by virtue of the law of any other country, whether by application
of the doctrine of renvoi or otherwise.
10 Effect of declaration of
simultaneous death
(1) Where the Court has
made an order under Article 9(5) the estate of any deceased person named
in the order shall, subject to the provisions of this Article, be held or
distributed in the way that it would have been had no other deceased person
named in the order survived that deceased person.
(2) Where deceased persons
named in an order made under Article 9(5) owned property jointly, their
joint ownership shall, subject to any order of the Court, be deemed to have
become ownership in common in equal shares at the time of their decease:
Provided that this paragraph –
(a) shall
not apply in any case where deceased persons named in the order owned property
jointly with another person who survived them;
(b) shall
not be construed as derogating from the rule of customary law relating to avancement de succession.
(3) Where a will contains a
gift which is to take effect only in the event of some person having predeceased
the testator, the gift shall not fail solely by reason that the Court had made
an order declaring that the testator and such person shall be deemed to have
died simultaneously, but it shall take effect in the same manner as if such person
had predeceased the testator.
(4) An order made by the
Court declaring that an intestate and the
intestate’s heir shall be deemed to have died simultaneously shall not
deprive any descendant of the heir of any right to represent the heir in the
distribution of the estate of the intestate which the descendant would have had
if the heir had predeceased the intestate:
Provided that if the heir leaves a surviving spouse or surviving
civil partner, that spouse or that civil partner shall have the same rights in
respect of the immovable estate of the heir as that spouse or that civil
partner would have had if the heir had died after the death of the intestate.[22]
11 Testamentary direction
as to survivorship
Nothing in this Part
shall be construed as derogating from the right of a testator by express
provision in a will to direct that if 2 or more persons named in the will shall
have died in circumstances rendering uncertain which of them survived the other
or others then one or more of such persons shall be deemed to have survived the
other or others, and in any such case the will shall be construed without
regard to any contrary provisions of this Law.
PART 5
ABOLITION OF CERTAIN RULES OF CUSTOMARY LAW
12 Abolition
of année
de jouissance
(1) Subject to paragraph (2),
the année de jouissance is hereby abolished.
(2) Paragraph (1)
shall not affect an entitlement to an année de
jouissance arising in respect of a death which occurred before the
coming into force of this Law.
13 Abolition of rule about
gifts to concubines[23]
The rule under customary
law that all gifts to a concubine are null is hereby abolished.
14 Abolition of right of
principal heir to demand possession of movable estate[24]
The right under
customary law of the principal heir to interpose and demand possession of the
movable estate from the executor of a deceased person’s will on
depositing with the executor the full amount of the bequests made under the
will, together with the debts and other charges of the administration, is
hereby abolished.
14A Abolition of viduité[25]
A widower’s entitlement to viduité in the
immovable estate of his deceased wife as to which she died testate is hereby
abolished.
14B Abolition of
requirement of consummation in relation to dower[26]
The rule of law expressed in the maxim le
douaire se gagne au coucher is hereby abolished.
14C Abolition of
rules relating to collateral succession of immovable estate[27]
(1) The following rules of
customary law, which relate to propres,
are abolished –
(a) paterna paternis, materna maternis;
(b) le
côté paternel l’emporte par dignité.
(2) The abolition in
paragraph (1) does not apply to the estate of a person who dies before the
commencement of the Wills and Successions (Amendment No. 3 –
Collateral Succession of Immovable Estate) (Jersey) Law 2024.
PART 6
MISCELLANEOUS
15 Costs of administration
The costs of
administration of the movable estate of a deceased person shall be paid out of
the gross movable estate unless the deceased person’s
will provides otherwise.
16 Testamentary
dispositions and appointments revoked by divorce or dissolution of civil
partnership[28]
(1) If a will contains a
devise, legacy or other gift in favour of the
testator’s spouse or appoints the testator’s spouse as executor of
the will, such devise, legacy, other gift or appointment shall, subject to any
provision to the contrary contained in the will, be revoked, if after the
execution of the will the marriage of the testator and the testator’s
spouse is dissolved or annulled.
(2) If a will contains a
devise, legacy or other gift in favour of the
testator’s civil partner or appoints the testator’s civil partner
as executor of the will, such devise, legacy, other gift or appointment shall,
subject to any provision to the contrary contained in the will, be revoked, if
after the execution of the will the civil partnership of the testator and the
testator’s civil partner is dissolved or annulled.
17 Will made by a minor
No will made by a person
under the age of majority shall be invalid by reason only of that fact if such person
is married or is in a civil partnership at the time of the execution of such
will.[29]
17A Will signed by
person other than testator[30]
(1) Despite Articles 8
and 30 of the Loi (1851) sur les testaments
d’immeubles or any rule of customary
law, a will of movable or immovable estate shall be valid when it has not been
signed by the testator if –
(a) the
testator declared in the presence of 2 witnesses (one of whom was a
qualified witness) present together that, being physically incapacitated to
sign the will himself or herself, the testator wished the will to be signed by
another person on the testator’s behalf;
(b) the
declaration by the testator and the date it was made are recorded on the face
of the will;
(c) the
will was read aloud to the testator (or, in the case of a deaf testator, the
whole contents of the will were made known to the testator by some other means)
in the presence of the person signing the will on behalf of the testator and
the two witnesses; and
(d) after
the will was read to the testator (or, in the case of a deaf testator, after
the whole contents of the will were made known to him or her by some other
means), the will was signed by some other person on the testator’s behalf
in the presence of the 2 witnesses present together and the
2 witnesses put their signatures to the will, in the presence of each
other and of that other person.
(2) A person shall not be
competent to sign a will on behalf of a testator unless that person has the
capacity to execute a valid will of his or her own.
(3) In this Article, “qualified
witness” means –
(a) if
the will is executed in Jersey, a Jurat of the Royal Court, a member of the
States, an advocate, a solicitor or a notary public;
or
(b) if
the will is executed outside Jersey –
(i) one
of the persons mentioned in sub-paragraph (a), or
(ii) a
judge, justice of the peace, magistrate, mayor, chief officer of any city or
municipal corporation, a barrister, solicitor, a lawyer qualified under the
legal system of the place of execution, a person authorized to take oaths or
affidavits or the equivalent thereof by the law of Jersey or the law of the
place of execution, a British consular official (or a person for the time being
discharging the duties of such an official), or, if the testator is a member of
the British armed forces, an officer of those forces authorized to take
affidavits.
(4) In paragraph (3)(b)(ii) –
“barrister” means a person who is qualified as a
barrister in England and Wales or Northern Ireland or as an advocate in
Scotland; and
“solicitor” means a solicitor of the Supreme Court of
England and Wales, a solicitor of the Supreme Court of Judicature of Northern
Ireland or a solicitor in Scotland.
(5) The States may by
Regulations amend paragraph (3) or (4).
17B [31]
18 Liability of heir, devisee or legatee
The liability of an heir
to, or a legatee or devisee of, the movable or immovable estate of a deceased person
for the debts due by such deceased person shall in no case exceed the value of
the estate or part of the estate accruing to that heir, legatee
or devisee.
18A Gamete donors[32]
(1) Part 3A of the Wills
and Successions (Jersey) Law 1993 shall not be construed as conferring rights
of succession as if a child were the legitimate issue of a man
where –
(a) the
man’s sperm is used for the purposes of medical, surgical
or obstetric services provided for the purpose of assisting the child’s
mother to carry the child; and
(b) those
services are not received by him and the mother together.
(2) Paragraph (1) does
not affect the operation of Article 20 of the Adoption (Jersey) Law 1961 in the event that the child
is adopted by the man.
(3) For the avoidance of
doubt, a woman whose ova are used for the purposes of medical, surgical or obstetric services provided for the purpose of
assisting another woman to carry a child is not, for the purpose of conferring
any rights of succession, to be treated as the mother of the child.
(4) Paragraph (3) does
not affect the operation of Article 20 of the Adoption (Jersey) Law 1961 in the event that the child
is adopted by the woman first mentioned in that paragraph.
19 Non-discrimination
Notwithstanding any rule
of law or enactment to the contrary, the estate, whether movable or immovable,
of a person dying testate or intestate shall devolve without regard to the
nationality of –
(a) the person so dying;
(b) any beneficiary; or
(c) any person through whom
(à la représentation
de laquelle) a beneficiary claims.
20 Rights of purchaser for
value
No bona fide purchaser
for value of any movable or immovable estate shall be disturbed in ownership by
the registration of a will subsequent to the
expiration of a year and a day from the date of death of the testator.
20A Sale or donation
of immovable property[33]
(1) Where –
(a) immovable
estate has devolved, whether on an intestacy or under a will registered in the
Public Registry, on more than one heir at law;
(b) one
or more, but not all, of the heirs at law join in a contract of sale or
donation of the estate, or any part of it or any interest in it; and
(c) the
purchaser or donee joins in the contract in good
faith, in ignorance of the existence of any heir at law who has not joined in
the contract,
title in the estate or part or interest shall pass to the purchaser
or donee, as the case may be, as
if the contract had been joined in by all of the heirs at law.
(2) Where title in any
immovable estate or interest passes to a purchaser or donee
in the circumstances described in paragraph (1), an heir at law who did
not join in the contract by virtue of which title passed to the purchaser or donee, shall be entitled to claim his or her proportionate
share of the proceeds of sale or, in the case of a donation, of the value of
the estate or interest conveyed, from the heir or heirs at law who joined in
the contract and any heir at law who has previously made a successful claim
under this paragraph.
(3) A claim under paragraph (2)
must be made within the period of 10 years following the date the contract
was passed.
(4) For the purposes of
this Article “heir at law” means –
(a) a
person on whom immovable estate has devolved on an intestacy, in accordance
with Article 4; or
(b) a
person on whom immovable estate has devolved, under a will registered in the
Public Registry, by virtue of being a person of a class described in the will.
21 Administration of
estates of persons dying before this Law came into force
Notwithstanding the
provisions of this Law, or any repeal effected thereby, the estate of a person
who has died before the coming into force of this Law shall continue to be
administered in accordance with the law and procedure in force prior to the
coming into force of this Law.
22 Manorial and other
rights
Nothing in this Law
shall affect the privilèges, amortissements and préciputs which are by custom attached to certain houses and manors in Jersey.
22A Wills and
Successions (Amendment No. 2) (Jersey) Law 2013: application[34]
The amendments made to this Law by the Wills and Successions
(Amendment No. 2) (Jersey) Law 2013 shall not apply in relation to
the estate of a person who died before the day that Law came into force.
23 Citation
This Law may be cited as the Wills and Successions (Jersey)
Law 1993.