The registration requirements when inheriting Immovable property (real estate) under Jersey law Where there is a Jersey Immovable Will and the real estate is left to heirs at law Registration The Will should be registered with the Public Registry, however in...
Step One The Petitioner files the following documents with the Court to initiate divorce proceedings against the Respondent (additional copy to be provided for an adultery petition against the Co-Respondent): Petition (filing for divorce under one of the available...
Intermeddling - How serious is it? If an executor of a Will or the administrator (where there is no Will) begins the distribution of estate assets before a Grant has been issued, under Jersey law their actions can be classed as intermeddling. Intermeddling is a...
How to navigate summer holidays when you are a family with separated parents With the school summer holidays fast approaching, one thing that no doubt most people are looking forward to is a nice break. However, for families with separated parents, the upcoming school...
Do I need to concern myself about the restrictive covenants in my employment contract? If you are entering into an employment contract or planning to resign from your employment you should always take any form of restrictive covenant in an employment contract...
UK and Jersey: What are the differences in probate law? Probate laws differ between countries within the UK and the crown dependencies (Jersey, Guernsey and the Isle of Man). Individuals dealing with probate in another country will need to familiarise themselves with...
Does a Jersey citizen have to worry about a situation similar to that faced by Britney Spears if they have lost mental capacity and a Delegate is appointed for them? It would be difficult not to have read or heard about Britney Spears fight with her father about her...
Planning to buy a new home in Jersey? What types of property are there? There are three types of property in Jersey: Jersey freehold property The principle of Freehold is that the land on which the property sits is owned by you and everything below and above that plot...
Purchasing freehold property in Jersey What actually is a freehold? The concept of ownership is, in Jersey law, very simple: a person owns land or he does not. The only qualification is the case of joint ownership. The English concept of an “estate in” land plays no...
Do smaller Jersey businesses really need a lawyer? Among the countless considerations for smaller Jersey businesses who are starting or are already running a small business is the question of whether they need a business lawyer. There is a reluctance among small...
Why have I received a compromise agreement? The purpose of a compromise agreement is to provide businesses and employees an alternative to costly employment tribunals by having an agreement which will settle any claims relating to dismissal or any other issues that...
As a Jersey employer am I required to provide a contract of employment to employees? Jersey law does not require that a business owner provide a written contract to employees (but see below). Do I as an employee have to provide any form of written statement of...
What are the real costs of an employment tribunal claim to Jersey employers? Every Jersey employer who has been involved in a claim brought in the Jersey Employment and Discrimination Tribunal will be aware that, win or lose, at present, the Tribunal doesn’t have the...
Can I protect my business from employees misusing confidential information? One of the biggest risks for Jersey businesses is an employee leaving your business, choosing to work for a competitor and taking with them confidential information. As a business owner or...
As a smaller Jersey business do I need an employment handbook?Jersey employee handbooks are not a legal necessity, but every business should consider having one. Many Jersey start ups and Jersey smaller businesses choose not to have one. However, there are laws...
When can a Jersey employee sue my business for constructive dismissal? Under Jersey law constructive dismissal is where you, the employer, fundamentally breaches the employee’s contract of employment in some way. The employee would then, in turn, have to resign his or...
Can I use employee restrictive covenants to protect my business? A business that wishes to protect their confidential information, strategic plans, customer/client details or other information can use employee restrictive covenants as long as they are reasonable,...
What is the procedure for divorce in Jersey? Step One The Petitioner files the following documents with the Court to initiate divorce proceedings against the Respondent (additional copy to be provided for an adultery petition against the Co-Respondent): Petition...
Domestic abuse - injunctive relief Domestic abuse can be physical and or mental abuse, threats and or intimidation from a family member. It can be a pattern of behaviour over many years or it can be a one-off incident. You do not have to suffer physical violence to...
Is “divorce day” a myth or a reality? The first working Monday of the New Year has been coined by the media as “divorce day”. A day when family lawyers are supposed to see an increase in the number of enquiries, after the stresses of a family Christmas and have spent...
How do I set up a Jersey business? A useful guide to starting a Jersey business. Making key decisions Decide on a business structure What type of business structure to choose will depend on various factors. In general terms the following are the main structures...
Should we, as a smaller Jersey business, review our contracts before signing them? Entering into contracts is part of running a small business and it's important to manage contracts and relationships carefully. It is important that you fully understand the terms...
As a smaller Jersey business, is it important to have terms and conditions of business? Terms of business are the standard terms on which a business trades with its customers and suppliers. They are a fundamental tool within a business but probably one of the most...
What is a compromise agreement? As a Jersey business owner or manager, you may have come across the term “compromise agreement” and been unsure of what it is. Compromise agreements give businesses and employees an alternative to lengthy employment tribunals that can...
Parslows advise e-commerce start-up heirloom watch Parslows have advised Heirloom Watch on the launch of its new ecommerce business of sourcing, selling and dealing in luxury watches www.heirloomwatch.co.uk After many years of collecting, trading and nurturing his own...
Parslows advise Jersey post group in relation to its purchase of the freight and delivery group, Woodside Logistics Woodside Logistics has established warehousing and shipping depots and operations in Jersey, Guernsey and the UK and has extensive logistics experience...
Covid-19 Notice for attending Parslows officeRequirements in place should you need to attend Parslows office In line with many other businesses on the Island and due to the increase in Covid-19 cases recently, we now ask that you do not attend our offices if you or...
Child maintenance and parental responsibility When parents separate they must come to an agreement about how they will support any children under the age of 18 — legally known as “child maintenance”. Where possible, this should be decided amicably between the parties....
Purchasing flying freehold property in Jersey - a brief guide In this guide, our legal experts will explain the process of purchasing flying freehold property in Jersey. What is a flying freehold property? Flying freehold is a form of co-ownership: A larger property...
The procedure for purchasing a share transfer property in Jersey When you buy a flat or unit by share transfer, you are purchasing shares in a company. The company owns the property and your ownership of the shares gives you a right to occupy the flat or unit, as the...
When should you put your Jersey employee on 'garden leave'? Garden leave or “gardening leave” can be a helpful device for Jersey employers who consider there is a need to protect their business from potential damage by an employee during their notice period. By...
Parslows advise Jersey post on the acquisition of Fetch.je Parslows has advised Jersey Post on its acquisition of the local marketplace website Fetch.je Fetch.je was the Island’s first online marketplace where shops, service providers, restaurants and cafés, with...
The effects of COVID-19 in Jersey have meant unrest and upheaval for a lot of families. This can be particularly complex for families with separated parents. Here, Parslows provides some tips to separated parents making child arrangements in Jersey at this time. First...
Party wall disputes in Jersey property law Party wall disputes are not uncommon and can arise from several different circumstances. Here, we look at what is meant by party wall in Jersey property law and how to avoid party wall disputes. What is meant by a party wall...
Parslows advise Sunworks (C.I.) Ltd on solar PV project with Jersey Electricity Plc Parslows has advised SunWorks (C.I.) Ltd (“SunWorks”) on its Framework Agreement with Jersey Electricity plc (“Jersey Electricity”) for the supply of solar photovoltaic (PV) equipment...
Shaun O’Connor joins Parslows as a property conveyancing consultant Parslows is delighted to announce the appointment of Shaun O’Connor as a Property Conveyancing Consultant. Shaun has over 38 years’ experience in Jersey conveyancing and property law, both as...
The steps to take in an undefended civil partnership dissolution Step One The Applicant files the following documents with the Court to initiate dissolution proceedings against the Respondent: Cause Application – filing for dissolution of the civil partnership under...
A brief guide to dividing finance and property on separation Separation and divorce is commonly a stressful and difficult experience, made more so by the minefield of sorting and dividing assets and finances. By way of guidance, we set out below a brief explanation as...
Children's orders Parental responsibility What is parental responsibility? The concept of Parental Responsibility can often cause some confusion amongst parents, particularly if there is a dispute as to whether an unmarried father should be granted Parental...
What are the grounds for divorce in Jersey? Whether you are the Petitioner or Respondent in divorce proceedings, it is important to understand what the available grounds are for divorce in Jersey. Under the Matrimonial Causes (Jersey) Law 1949, there are several...
A brief guide to dividing finance and property on civil partnership dissolution The Civil Partnership (Jersey) Law 2012 provides same-sex couples with an alternative to marriage. It is important to note that civil partnerships differ to same-sex marriages, which is...
A brief guide to the court processes when dealing with disputes over children in a divorce This briefing is solely for the purposes of private law cases, meaning where there are disputes regarding a child between parents, members of a family or other interested...
How can I challenge a Will on légitime grounds? 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...
Jersey Wills for Non-Jersey Domiciled Individuals If you hold assets in Jersey and are non-Jersey domiciled in our jurisdiction you may wish to make a Jersey Will. Do I need to make a Jersey Will? Although you are non-Jersey domicile it can make sense to enter into a...
Are you selling a Jersey business or company? If so, it is important you obtain the right advice from experienced Jersey legal advisers to protect your assets. You need to consider, at the very least, the following important issues. Don’t disclose confidential details...
As a Jersey business you should be careful how you use zero hour contracts Zero hours contracts can be described as arrangements where a person agrees to be available for work, but no particular number of hours or times of work are guaranteed by the employer and the...
What is the difference between an assignment and a sub-lease? As a smaller Jersey business you may be looking for your first premises and see taking over an existing lease as a good proposition. When you initially negotiate, always consider your rights to terminate or...
An overview of the Jersey courts Jersey has its own distinct and separate legal system which is separate from that of other jurisdictions. Jersey’s litigation procedure is mainly embodied in the Royal Court Rules (the “Rules”). The Rules broadly reflect the English...
Parslows recognised by Legal 500 for the second consecutive year ‘The practice is quick to respond, gets it the first time and is efficient and cost effective’ Parslows have been recognised by the Legal 500 in its annual rankings (2020) for the second consecutive...
Parslows Jersey strengthen their residential property team with the appointment of Melanie Guest Parslows Jersey is delighted to announce that Mel Guest has joined the residential property team as a senior conveyancing executive. Mel joins Parslows with a wealth of...
What is a freehold charge over Jersey property? Freehold Charge If the property is a freehold property, then the Bank will secure its loan by means of either: a simple conventional hypothec (‘HCS’) a bond or acknowledgement of indebtedness registered in the Royal...
Disputes over Jersey property - voisinage (duty of neighbours) What is voisinage? Under Jersey property law you owe a customary duty to your neighbour. The Jersey concept of voisinage governs the relationships between neighbouring landowners. This essentially means a...
Disputes over Jersey property - servitudes What is a right of servitude? Under Jersey Property Law a right of servitude is a right: to make use of the property of another to prevent the owner of the property from making certain use of it Servitudes can be affirmative...
Disputes over Jersey property - property ownership Whether it be friends buying together in order to get onto the property ladder, parents lending money to their child and perhaps their child’s partner to enable them to purchase a property, the high cost of Jersey...
Disputes over Jersey property - relief What is Jersey relief? Jersey customary law imposes an obligation on every property owner to set back any new building (or any part of it) constructed on the property so as to allow for a relief (or offset). This relief (or...
Disputes over Jersey property - boundaries In practicality, boundaries are often not clear and over time changes can occur that mean boundaries move. Determining which boundary line is correct can become a source of conflict and lead to disputes between neighbours....
Christmas contact arrangements for separated families in Jersey – a few points to consider The festive period is a time which everyone should enjoy, which is why it is important to approach the topic of the Christmas holidays, and what the arrangements should be for...
‘On par with many of the larger firms in terms of breadth of experience and responsiveness’ and ‘excellent across all areas of law’ Parslows lawyers both in Jersey and England & Wales have been recognised by the Legal 500 in its annual ranking, which is an...
FAQs for a first-time property buyer in JerseyFirst-time Jersey property buyer – looking to buy your first property? Not sure if you’re eligible for first-time buyer status? Need advice on share transfer, flying freehold or freehold purchase? Parslows residential...
Parslows assists on sale of ALX Training to BDO/C5 Parslows is pleased to announce that it has acted for Alex Morel on the disposal of ALX Training to the technology business C5 Alliance. The purchase follows the acquisition of C5 by BDO in Jersey earlier this year....
Extending the right to marriage in Jersey – same gender, same rights This article explores some of the effects of extending the right to marriage in Jersey to same-sex couples. On 1st February this year (2018) the States of Jersey voted in favour of the Marriage and...
How to fairly dismiss an employee Dismissing an employee is not an easy task and if you’ve never had to dismiss an employee before, then you need to be prepared when you do it for the first time. As an entrepreneur or small business owner, it can be one of the most...
Jersey Post shortlisted for two awards at the World Post & Parcels Awards 2018 Parslows are pleased to report that their client Jersey Post has been shortlisted in the Customer Service and Technology categories at the 2018 finals, with recognition for their...
Jersey cohabitation rights - what rights do I have on the death of a partner? There have been a vast amount of articles written in the UK recently on the reform of family law, including cohabitation. Within those discussions is the need for a divorce law reform, to...
What to consider when negotiating a Jersey business lease When you find a Jersey property that meets your Jersey business needs, it is tempting to sign the lease and get moving without analysing the terms. Rushing into an agreement without being certain that it...
Can I terminate my existing business Jersey lease and move to alternative premises?As a smaller Jersey business owner If you are a tenant of commercial premises you may be in a position where you wish to move to larger premises (or smaller premises) but still have a...
Jersey letters of administration fast track services for UK estates For applications from the United Kingdom/Isle of Man/Guernsey where the deceased died without a Will, and was therefore intestate, it is possible to use fast track application for Letters of...
Trials and tribulations of exercising a break clause in a commercial lease It is not uncommon for a commercial lease to contain a break clause in favour of the lessee. However such a break clause will often be drafted conditional upon certain events. The most common...
Are company assets off-limits in divorce cases?Are the company assets of a wife or husband’s companies now available for distribution as a result of divorce? Natalie Jenner, Jersey Solicitor and partner at Parslows Jersey examines the Supreme Court ruling in Prest v...
On 14 September 2016 the States of Jersey adopted the Capacity and Self-Determination (Jersey) Law (the “Law”). The Law came into force in April 2018 and enables Jersey residents to put in place legally binding arrangements (such as Jersey Lasting Power of Attorney)...
Jersey residential property jargonJersey residential property jargon used by practitioners can be confusing. Here is a translation of some of the terms: Property – this can refer to both “immovable” and “movable” property. Immovables – immovable property is land and...
First-time buyer guide to the different types of property ownershipsIn Jersey, apartments can be acquired in one of three ways; Flying Freehold, Share Transfer and, less commonly, Leasehold. So, for first-time buyers, what are the differences in these types of Jersey...
Residential property lawyers in Jersey explain why you need a Will when buying a homeA house or flat is often the most expensive purchase anyone will make and most of us will want to ensure that our nearest and dearest will benefit when the inevitable happens. Making...
Parslows Jersey strengthen divorce team with new partner appointmentNatalie Jenner will commence her appointment as partner at Parslows Jersey on 1st January 2018. Commenting on the promotion, Advocate Carl Parslow, said “I am delighted to announce that Natalie Jenner...
Parslows advise global outsourcing and support solutions firm Parslows commercial team members have advised a global outsourcing and support solutions firm in relation to the establishment of its offering to Jersey financial services firms / providers.The legal...
Jersey Post - call and check service Parslows Jersey is pleased to announce that its client, Jersey Post, has entered into agreements with HomeCall Limited to further develop, implement and deliver the award-winning and innovative Call & Check service both...
Divorce, child arrangements and what to do about the school holidays?Disagreements about child arrangements, particularly where the children will spend time in school holidays, can inevitably flare up. It is, therefore, important to avoid potential disappointment and...
Parslows advise a state-owned company on its acquisition of London based customs broker “Parslows International corporate team has assisted our client with this acquisition demonstrating the strength that we as a firm can bring to transactions that span a range...
Fintech joint venture and deployment of technology platform Parslows have acted for a United Kingdom/Jersey fintech joint venture on the deployment of its technology platform to support online foreign exchange transactions. The team advised on several aspects...
Can a joint venture with another business benefit my Jersey business?A small business may be able to expand more quickly by getting into a joint venture with a company. They may for example have more financial resources or they may have a sales network that you could...
What are the grounds for the dissolution of civil partnerships in Jersey?In 2012 Jersey welcomed the introduction of its Civil Partnerships Law, which set out the basis upon which same-sex couples could legally form civil partnerships. This same piece of legislation...
Are separation agreements binding?Separation Agreements are common among couples who have decided that they no longer wish to be together, but are unable to issue divorce proceedings either due to religious reasons or because they are subject to the three year bar....
Parslows advise the Jersey post group on its investment in Parcel MonkeyParslows is pleased to announce that it has acted for the Jersey Post Group (Jersey Post) on another cross border transaction, with the recent completion by Jersey Post of its investment in Parcel...
What is a share transfer charge against shares?If your new home is being purchased by way of share transfer and you are borrowing from a bank, then the Bank will take a charge against shares to secure its loan by way of a security interest agreement. They will take...
What is a flying freehold charge over Jersey property?When you borrow money from a Bank, or other lender, they will invariably take a flying freehold charge over your property to protect their ‘investment’. If the property is a Jersey flying freehold, then the Bank...
Parslows advise Jersey Post regarding investment in US business - Global eParcel Solutions Parslows is pleased to announce that its client, Jersey Post Group, has invested in the United States business, Global eParcel Solutions (GePS), based in Miami. GePS is...
Pre-sale Agreements in JerseyUnder Jersey law, it is not possible (subject to certain exceptions) to force parties to buy or sell freehold property, or to pass any other contract in the Royal Court. This is because the process of passing a contract in Court requires...
Is it Possible to Protect your Social Media Contacts such as on LinkedIn and Facebook from Being Used by Ex-employees?With the age of social media, many employers encourage their employees to be active on social media and networking sites, such as LinkedIn and...
As a Jersey business owner, what do I need to understand about the role of a director? What is a director? The director of a company is the person responsible for managing the company’s business activities. Larger companies will have multiple directors working to...
How Should You Deal with Social Media in the Jersey Workplace?As a Jersey business should I worry about employees using social media in the workplace? While social media is a useful medium for smaller businesses, it does bring with it certain issues that a business...
Do I need a shareholders agreement for my Jersey business? Whether or not your Jersey company would benefit from a shareholders agreement will depend upon the circumstances of your business. In general, it is advisable to ensure, from the word go, that all parties...
How start-up businesses help boost the Jersey economy Throughout the world, it is arguably the small and medium-sized businesses that form the backbone of most economies. Jersey is no exception to this rule and Jersey start-ups are great for the economy. According to...
Jersey probate fast track services for UK estates For probate fast track applications from the United Kingdom/Isle of Man/Guernsey where the deceased died testate, it is possible to use the fast track probate method to obtain Jersey grant of probate. A fast...
Application for En Désastre Bankruptcy in JerseyDésastre applications are governed by the provisions of the Bankruptcy (Désastre) Jersey Law 1990. This remedy is available to parties seeking recovery of an unsatisfied debt owed by an individual or company. Application...
Jersey restaurant lease – legal advice from our experts The ideal property is sitting there and you want to get in as fast as possible to start trading. As this is a new venture you will no doubt be taking a restaurant lease. You have a draft lease ready to...
What Does Discovery Mean in Litigation?Discovery is the legal process by which the parties to litigation reveal their documentary evidence to each other. What documents can be subject to discovery? In this briefing we outline, in general terms, what the definition of...
What is a commercial lease? Initial advice for a Jersey start-up business Starting a new business is exciting. You should always take advice as to areas you may not be familiar with, especially if you are thinking about taking on a commercial lease startup. All...
What are heads of terms? Commercial lease advice for smaller and medium sized businesses in Jersey While the astute entrepreneur or director is always wary in his or her business dealings of ensuring that the product or service is best dealt with, there are a...
Making an Application for Financial Relief - Your Duty to Give Full and Frank DisclosureWhen dealing with a couple’s financial provisions on divorce, there are two ways in which you can proceed. The first being voluntarily and the second being an application to the...
What stamp duty is payable on Jersey probate? There are no death duties, estate duty, inheritance tax or capital gains tax in Jersey. Stamp duty is payable upon application for the Grant of Probate at a rate of 0.5% of the value of the assets at the date of...
Notary Public - The Oldest Legal Profession in the WorldThe Notary public forms the oldest branch of the legal profession. Their origins can be traced back to the Romans. What does a notary do? A notary prepares Notarial Acts, including authentic acts, mainly being...
Have You Ever Wondered What a Notary Public Does?A notary public is a qualified lawyer who also has powers to certify and confirm facts and documents. A notary is subject to regulation by the Notaries Court of Faculties. All Notaries registered in Jersey can perform...
Commercial real estate transactions in Jersey The Jersey Public Registry records property transactions, including commercial real estate transactions, and maintains contracts for public inspection. In contrast to the Land Registry of England and Wales, the...
Does Every Divorce Need a Financial Order?The Supreme Court’s decision in the case of Wyatt v Vince [2015] UKSC14 is of vital importance to divorcing and divorced couples. The question ‘Does every divorce need financial order’ is answered. The case underlines the need...
Points to Consider When Making a Jersey WillThere are various considerations your need to take into account when making your Jersey Will. Implications of not making a Jersey Will If you do not have properly executed wills for your immovable and movable estate, which...
How to choose the best legal structure for your Jersey business? A small or medium Jersey business considering renting Jersey property should consider the potential of service charges and how these may impact on finances. These are costs as incurred by the...
When a smaller Jersey business takes on a property the landlord will often ask for a third party to guarantee the obligations under the business lease. Most landlords will ask for this guarantee if the company is relatively new, with little trading history, or in a...
Commercial leases in Jersey - an overview It is important to take advice from a lawyer as to the points you should consider when negotiating with the Landlord regarding leasing office space. You should be aiming to agree what is called the ‘head of terms’. This...
Attending Upon a Jersey Notary PublicIs there a requirement for a personal appearance in front of a notary? Attending Notary will depend on what the Notary is being asked to certify. If it is a document required for a governmental or court reason, or where you have to...
Application for a DegrévèmentIn general terms degrévèment will be sought in lieu of en désastre proceedings. The key difference between en désastre and degrévèment is that degrévèment applies to individual properties, as opposed to the entirety of the debtor’s estate...
Jersey probate services for international estates - intestate Where the deceased did not hold a Will, it is not possible to re-seal letters of administration in Jersey (required for intestate) and, as such, a full application for a Jersey letters administration...
Jersey Post - Acquisition of HICS Worldwide Parslows is pleased to announce that its client, Jersey Post, has completed the purchase of Heathrow based Customs Broker – HICS Worldwide. HICS Worldwide was established in 1988 and currently has full clearance facilities...
Jersey Post - Purchase of the Premium European Logistics company, Fraser Freight Limited Parslows is pleased to announce that its client, Jersey Post, has completed the purchase of the premium European logistics company – Fraser Freight Limited. Headquartered in...
