Client Profile
A Jersey client who was excluded from his late mother’s Will, which left the entire movable estate to his brother and sister but excluded him entirely. The estate included significant cash holdings, shares, and personal effects.
Challenge
Under Jersey succession law, the concept of légitime provides certain heirs, including children and spouses, with a right to claim a fixed portion of the movable estate, regardless of the Will’s contents. The client sought legal advice after discovering he had been left out entirely and wanted to challenge the Will without escalating family tensions.
Solution
Parslows LLP | Private Client team and the Litigation team advised the client on his rights under the Wills and Successions (Jersey) Law 1993, specifically the légitime provisions.
The teams:
- confirmed the client’s entitlement to one-third of the net movable estate, as the deceased had left children.
- initiated proceedings in the Royal Court to reduce the Will ad legitimum modum — a legal action to enforce légitime rights.
- engaged in pre-court mediation with the executor and surviving spouse to avoid prolonged litigation.
- drafted a revised estate distribution agreement, ensuring compliance with légitime while preserving family relationships.
Outcome
The matter was resolved without a court hearing. The client received their rightful share of the movable estate, including a portion of investment assets and personal effects. The family avoided a public dispute, and the client praised Parslows LLP for their discreet, empathetic, and legally precise approach.