If you die without having made a valid will, you are said to have died intestate. This means your estate will be distributed according to Jersey law, which may be very different from how you would have wanted your assets to pass.
I regularly meet clients who assume their partner or spouse will simply inherit everything, or that their wishes are somehow “obvious” and will be respected.
Unfortunately, intestacy rules don’t work that way. Jersey law determines who receives what, and the outcome can come as a shock to grieving families.
How Jersey divides your estate
Jersey law draws a distinction between movable assets (money, shares, share transfer properties, chattels and similar) and immovable assets (freehold property, flying freehold, or leases over nine years, known as contract leases). Different succession rules apply to each category, which can make intestacy outcomes particularly complex.
Immovable property
If you die leaving a spouse or civil partner but no children, your spouse or civil partner will inherit the whole of your immovable estate.
If you die leaving both a spouse and children, each of them receives an equal share of your immovable estate. Your spouse or civil partner may also be entitled to lifetime enjoyment of the matrimonial home, unless you were not residing together at the time of death and either the surviving spouse had not deserted the deceased without cause, or you were judicially separated.
Where there is no surviving spouse or civil partner but there are children, those children inherit the immovable estate in equal shares.
If you die without a surviving spouse or civil partner and have no surviving children, your immovable estate passes to your closest relatives. Under Jersey law, siblings and their children are prioritised over parents, something that surprises many people.
Movable property
The rules for movable property differ somewhat. If you die leaving a spouse or civil partner but no children, they inherit the whole of your movable estate.
If you die leaving both a spouse or civil partner and children, your spouse or civil partner is entitled to the household effects, the first £30,000 of the movable estate, and then one half of the remainder. Your children inherit the other half, divided equally between them.
Where there is no surviving spouse or civil partner, surviving children share the movable estate equally. If there are no surviving children either, the movable estate passes to your closest living relatives.
Where the rules fall short
One of the most significant issues I see in practice is that Jersey’s intestacy rules were not designed with modern family structures in mind. Cohabiting couples and blended families are simply not recognised under the rules.
This means that if you are cohabiting or in a long-term relationship, Jersey law gives your partner no automatic right to your estate whatsoever. It does not matter how long you have been together or how intertwined your lives have become. If you want your partner to inherit anything at all, you must make a will.
The real cost of not having a will
Dying intestate means your assets pass to the people determined by law, not in accordance with your wishes. You run the risk of leaving loved ones, particularly cohabiting partners and stepchildren, without support at an already difficult time.
Beyond the emotional impact, intestacy creates practical difficulties. It typically leads to delays, additional costs, and the potential for disputes. If you die without a will, the Court will appoint an administrator to deal with your estate, and that administrator may be someone you would not have chosen yourself.
What a will allows you to do
Making a will in Jersey matters regardless of the size of your estate. It allows you to decide who inherits your property and it protects unmarried partners and blended families who would otherwise receive nothing under intestacy rules. A will avoids the complications of intestacy, helps prevent disputes, and reduces costs for those you leave behind.
If you have children, a will enables you to appoint guardians to care for them. You can also appoint an executor or executors, people you trust to administer your estate properly.
A will also allows you to make specific gifts, whether particular items or sums of money, to the people or charities that matter to you.
Making a will is the only way to ensure your estate passes exactly as you intend. I regularly see the strain that intestacy places on families who are left uncertain about their loved one’s wishes and facing legal and financial complications during an already painful time. The alternative is straightforward, and well worth the effort.
Natalie Jenner is a Partner at Parslows LLP and partner in charge of the Private Client Department and the Family Law Department. She is a member of the Jersey Family Law Association and Resolution.