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How can I challenge a Will on légitime grounds?

Challenging a Jersey Will on Légitime grounds | Private Client Legal Services


If your spouse or your parent exclude you from all their movable estate when they pass away you may be able to challenge the estate. Jersey law recognises the concept of forced heirship (Jersey Légitime).  It restricts the freedom to leave Jersey movable estate to the detriment of a spouse / partner and or children.

How does Jersey Légitime work?

Jersey Légitime operates as follows:

  • Deceased dies leaving a spouse/ partner – the spouse/ partner can claim two thirds of the net movable estate
  • Deceased dies not leaving a spouse/ partner but children – the children can claim two thirds of the net movable estate
  • Deceased dies leaving a spouse/ partner and children – the spouse/ partner can claim one third and the children can equally between them claim one third of the movable estate
  • The last third of the net movable estate is free to be left to anyone

Does Jersey Légitime impact on all of my estate?

An action under Jersey Légitime is limited to movable property only.  This is sometimes referred to as personal estate. Jersey Immovable estate is not impacted by Jersey Légitime. Movable property is anything owned by the deceased which is not immovable property (e.g. your freehold house).

Is Jersey Légitime an automatic right?

There is no automatic right to Jersey Légitime, it must be claimed by taking out proceedings in the Royal Court. Despite Jersey Légitime provisions, it is common for spouses/ partners to leave their Jersey Movable estate to their surviving spouse/ partner and nothing to their children, until the surviving spouse passes away.

What can I do if my spouse/ partner or parent has excluded me from their Jersey Movable Will?

If you discover on the passing of your spouse/ partner or parent that you have been excluded from the Jersey Movable Will you can apply to the Royal Court to have it adjusted so that it operates in accordance with the Jersey légitime rules.

An action brought in this way is known as an action to reduce the Will ad legitimum modum.


For general advice, assistance or further information on bringing an action against a Jersey Estate to reduce it ad legitimum modum  or any issues with Jersey Wills or Probate please do not hesitate to call 630530 or email us on wills@parslowsjersey.com


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.
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