Jersey law recognises something now rare in many jurisdictions: the right of certain close family members to inherit a fixed share of a deceased person’s movable estate, regardless of what a will provides. This right is known as légitime, and it exists to protect spouses and children from complete disinheritance.
I regularly encounter clients who are surprised to learn that a Jersey will is not absolute.
Many come to us assuming English succession rules apply, only to discover that the law here operates quite differently. If you believe you may have a légitime entitlement, it is essential to understand how the regime operates and how such a claim must be pursued.
What Is Légitime?
Légitime is a statutory entitlement to a minimum share of a deceased person’s movable estate, such as cash, investments and other personal property. It operates independently of the will and cannot be overridden by testamentary wording.
Importantly, a légitime claim does not invalidate the will. Instead, it reduces the testamentary gifts made under it so that the protected heirs receive what the law guarantees them. This reflects Jersey’s Norman law heritage. If a will leaves you nothing, or substantially less than your légitime share, you may have a legal right to claim the balance from the estate.
Who Can Claim Légitime?
Only specific categories of heir are entitled to légitime:
Lineal descendants (children, and in some cases grandchildren by representation), and a surviving spouse.
Eligibility depends on who survives the deceased at the time of death. Where a child has predeceased, their own children may claim in their place. Other relatives, such as siblings or parents, have no légitime rights.
In my experience, misunderstandings frequently arise where families assume English inheritance rules apply, or where a will is treated as absolute. Under Jersey law, it is not. This distinction matters enormously, both financially and legally.
How Much Can You Claim?
The amount of légitime depends on the deceased’s family structure.
- Children only. Two-thirds of the movable estate is reserved for the children, divided equally.
- Surviving spouse and children. One-third to the spouse, one-third divided equally between the children, leaving one-third freely disposable.
- Surviving spouse only, with no children. One-half of the movable estate is reserved for the spouse.
Only the net movable estate is considered, meaning debts, liabilities and certain charges must first be accounted for. In some cases, lifetime gifts made by the deceased may also need to be brought into account when calculating entitlement. This is where calculation becomes technical.
The Process of Claiming Légitime
A légitime claim is usually initiated by formally notifying the executors of your intention to assert your rights. This is not an allegation of wrongdoing but the exercise of a legal entitlement.
If the executors accept the claim and the estate is solvent, matters can often be resolved without litigation.
However, where entitlement, valuation or calculations are disputed, court proceedings may be required.
Jersey applies strict time limits to légitime claims. Missing a deadline can extinguish the right entirely. Claimants must also prove their relationship to the deceased and demonstrate the correct calculation of their entitlement. I have seen otherwise valid claims fail because the procedural requirements were not properly observed.
Why Professional Advice Matters
Légitime claims are technical and often emotionally charged. They commonly involve valuation disputes, historic gifts, and competing family expectations. Errors in calculation or procedure can be fatal to an otherwise valid claim.
If you believe you may have a légitime entitlement, do not assume the will is final. Equally, do not assume your claim is straightforward. Early, specialist Jersey advice is critical. The difference between getting it right and getting it wrong can be substantial, both in terms of what you recover and the cost of pursuing it.
If you would like confidential advice on a potential légitime claim, contact me, Alexander English at Parslows LLP. I can assess your entitlement, advise on timing and strategy, and guide you through the process with clarity and discretion.
