8 Hill Street St Helier Jersey JE2 4UA

Print This Post Print This Post

Can I contest a Jersey Will and if so how?

Contesting a Jersey Will | Private Client Legal Services

Who can contest a Jersey Will?

In general terms anyone who believes that a Jersey Will is not legally valid can challenge it.  However it is more usual for direct members of a family, creditors and the spouse / partner of the deceased to contest a Jersey Will.

It is however important to appreciate that because you do not like the provisions of a Will it does not necessarily translate into grounds for contesting it.  Jersey law imports the assertion that (save for Légitime) you are entitled to leave your estate to whomever you want.

That being said if there is  evidence to show the Jersey Will doesn’t reflect the true intentions of the person making it or the Will hasn’t been executed correctly or the like, it may be invalid and therefore able to be contested.

What are the grounds for contesting a Jersey Will?

There are a number of grounds to contest a Jersey Will, such as follows:

  • The Will was not drawn up and entered into in accord with Jersey Law (formal validity)
  • The person making the Will entered into it through undue influence or coercion
  • The signature on the Will was a forgery
  • The provisions of the Will were illegal

The other ground is only applicable for spouses and or children of the deceased

  • The Will is not in conformity with Légitime

Is there a time limit to contest a Jersey Will?

It depends on the grounds for contesting the Jersey Will. Légitime claims are a year and a day from the date of death of the deceased. For actions contesting a Will on the grounds of fraud/ forgery or the like then the time limit may be extended or indeed disregarded. However it is wise to bring an action as soon as possible to avoid arguments that you have exceeded the time limits.

Can I contest a Jersey Will if I am also the Executor?

An executor of a Jersey Will of movables cannot contest the Will once he/she has taken the oath of executor. If an heir or spouse who is named as executor wishes to attack the Will he/ she must first renounce the executorship.

When should I begin the process of contesting the Jersey Will?

You should seek legal advice as soon as possible if you are considering contesting a Jersey Will.  If it is considered that you have prima facie grounds for succeeding then we would discuss with you the question of whether to issue a caveat against the estate.  This would prevent the executor from proceeding with administering the estate until the issues that you intend to raise are dealt with.

Who pays to contest a Jersey Will?

At first instance the parties contesting a Jersey Will would pay their own legal fees.  If the matter ends up going to the Royal Court to be determined the Court will decide who should pay the costs of the dispute. While the  usual rule is that the losing party pays the winning party’s costs, the Court may in certain circumstances order that costs be paid by the deceased’s estate.

For general advice, assistance or further information on bringing an action against a Jersey Estate to contest the Will 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.

Parslows Jersey are here to help with all your legal queries call us today on +44 (0) 1534 630530

Or email us on enquiries@parslowsjersey.com