Making your will provides peace of mind for you, and certainty for your family and friends at a time of emotional distress.
It will ensure your estate is distributed in accordance with your wishes.
Wills for Jersey Residents
Parslows Jersey will-writing experts regularly advise on and draft Wills for Jersey residents with movable and or immovable assets in Jersey. Our Will writing advocates handle all types of Jersey will, from standard through to complex wills.
A Will is a legal document drafted and executed under Jersey law that becomes irrevocable upon death. A professionally drafted Will is, therefore, the linchpin of estate planning. If the Jersey formalities for making a Will are not followed, there is a risk of dying intestate in Jersey. This may mean that your loved ones will not benefit from your estate in the way you may have intended.
Making Jersey Wills will provide certainty for your family and friends at a time of emotional distress and it will ensure your estate is distributed in accordance with your wishes.
Why make your Jersey Wills?
Making Jersey Wills will provide certainty for your family and friends at a time of emotional distress and it will ensure your estate is distributed in accordance with your wishes. Even if the value of your estate is small, there are important reasons you should make your Jersey Wills.
- To avoid dying intestate (without Wills). Dying intestate may mean that your loved ones will not benefit from your estate in the way you intended, either because they receive nothing due to intestate rules, which could have been avoided by creating a Will. In some cases, when a person dies intestate and there are no known relatives, the estate falls to the Crown.
- To ensure that provision is made for your children and anyone you are a guardian to. You can appoint a guardian in your Jersey wills, ensuring your child or other dependent is cared for as you wish after your death. A Jersey will can also contain details of any financial provisions you have made for dependents, such as continued care and education.
- To save your family stress, inconvenience and expense. When someone dies without Jersey Wills, their loved ones are left to guess what their wishes would have been regarding the distribution of their assets and arrangements for their funeral. This can be an added stress and cause of upset at an already difficult time. It could also lead to family disagreements.
- Ensure that you have the funeral you want. Jersey Wills are not only used to determine the distribution of assets but also to understand what the deceased wanted by way of a funeral.
- To protect an unmarried partner. If you are in a relationship but unmarried, your assets will not automatically pass to your partner when you die. Wills for Jersey residents can set out how you want your assets distributed and thus, can be used to protect your unmarried partner.
What are immovable assets?
Immovable estate consists of any land and buildings on land, including leases of more than nine years, “flying freeholds”, and the benefit of mortgages known as “hypothèques conventionnelles” but excluding “share transfer” properties.
What are movable assets?
All property other than immovable assets in Jersey – such as furniture, jewellery, bank accounts and shares – is movable estate.
What should be included in your Jersey Immovable Will?
The intended beneficiaries of your assets and how you want your assets distributed.
Please note that Jersey Immovable Wills do not have executors
What should be included in your Jersey Movable Wills?
The Jersey Government suggests including the following in your movable wills:
- The intended beneficiaries of your assets and how you want your assets distributed.
- Your chosen guardians for children under the age of 18.
- Who you want to act as “executor” — the person who ensures your wishes are carried out as stated — of your wills.
Why do I need two Jersey Wills?
Different rules apply to movable and immovable estates and it is the practice to prepare separate wills for them.
When should I review my Jersey Will?
Once you have a Jersey Will it is a good idea to review your Jersey Will every 5 years or so just in case circumstances have changed. In any event, we suggest you review your Jersey Will:
- if you get married or enter into a civil partnership
- if you get divorced, or your civil partnership is dissolved
- if you have children or additional children
- if you buy or sell Jersey immovable property
Can I use an online Will to deal with my Jersey assets?
Online Wills are invariably drafted in accordance with laws of other countries such as the UK or USA. Using an online Will runs a real risk that the Will will not conform to Jersey Law. If this were to be the case your estate would be deemed intestate and your estate would be distributed under Jersey Law.
Can I make my own DIY Jersey Will?
Jersey law procedures and formalities dictate that making a DIY Jersey Will is often fraught with difficulty. For example, a Will dealing with your immovable estate has strict formality regarding how it should be drafted and who can witness it. If you attempt to draft your own Will and fail to comply with the Law and formality, you may find the Will is invalid ending with all of your assets intestate.
What does intestate mean?
Intestate simply means that you do not have a Will, or a valid Will. In such a circumstance, the distribution of all of your assets would be governed by the Wills and Successions (Jersey) 1993 and possibly the customary law of Jersey.
Top five reasons for making a Jersey Will?
- It avoids intestacy
- It can provide for your partner if you are not married or in a civil partnership
- It can provide for stepchildren and friends who would not receive any part of your estate if you die intestate
- It can provide instruction as to who should look after your children if you die
- It provides you with peace of mind
Our partner-led team who deal with complex and high-value estates, often with international assets, have experts who deal with Wills, estate planning and lasting powers of attorney. Even if the value of your estate is small, there are important reasons why you should make your Jersey Wills.
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