20_20_newsize08 21/11/07 22:39 Page 63
Your Questions
ANSWERED
What is a will of
real estate?
by ANNE HEMBRY,
PROBATE & ESTATES DEPARTMENT, Should I have one?
VoisinLaw
It is essential to execute a Will to ensure that those people automatically pass to that other person upon the death of the
you wish to inherit receive your property upon your death. If first co-owner. Therefore, if you wish to leave your ‘half’ of
you do not make a Will then the law on intestacy will govern your property to the other person, you must name them as
who will inherit your assets upon your death. These persons beneficiary in a Will or the result will be that your ‘half’ of the
may not be the same people who you wish to inherit your property will pass to your descendants and not the co-owner.
property. Unmarried couples (unless owning the property on a joint
survivorship basis) cannot inherit from each other unless they
It is usual to execute two Wills, one dealing with Real Estate have both executed a Will naming each other as beneficiaries.
(land and buildings) and the other dealing with Personal
Estate (generally all movable assets such as bank accounts, It is important to note that illegitimate children will only
stocks and shares, other investments, jewellery, etc). inherit from their mother’s estate and not from their father’s
upon intestacy. It is therefore particularly important for Wills
This article deals with making a Will of Jersey Real Estate, to be executed to ensure that any illegitimate child will inherit
i.e. your property, land and buildings in Jersey. You should from their father.
note that if you own real estate outside Jersey then you
should take legal advice from a lawyer in the country where In order for a Will of Real Estate to be valid in Jersey it must
that property is located as the law governing your foreign be read aloud to the testator (the person making the Will) by
property estate matters will be that of the law where the an Advocate or Solicitor of the Royal Court of Jersey or Notary
located property is situated. Public who must also act as one of the two independent
witnesses. The Will of Real Estate is valid from the date it is
Where real estate is owned in your sole name then you may signed and no appointment of Executor needed because the
leave your property by Will to whom you wish. Generally title to any property passes to the persons who inherit under
speaking, however, if a man leaves a widow then she is the terms of the Will upon registration of that Will.
entitled to a right of dower (life enjoyment of one-third) and if
a woman leaves a widower he is entitled to a right of viduité A professionally drafted Will will set out in clear terms the
(life enjoyment) of all the real estate until death or remarriage way in which your property is to be dealt with upon your
where there is a child born of the marriage. death. Your Will can be changed at any time and obviously
will not have any effect until you die. It should also be noted
The position is different upon intestacy (that is where there is that your Will should be reviewed periodically but in particular
no Will of Real Estate) where the spouse will enjoy life when circumstances change such as upon marriage,
enjoyment of the matrimonial home and an equal share of all separation or divorce and on the birth of children or
other rights other than the life enjoyment of the matrimonial grandchildren to ensure that the Will continues to reflect your
home (‘the reversion’) with the descendants and, if there is wishes.
any other real estate, to an equal share of that other property
with the descendants. It should be noted that under the terms Voisin will be pleased to assist with any queries regarding
of the Wills and Successions (Jersey) Law 1993 it is now making a Will dealing with your real estate, or a Will dealing
permitted for a testator to gift land and houses by Will to a with your personal estate, at competitive rates.
church, religious body or association.
If you have any queries on this matter please do not hesitate
Where real estate is owned jointly with another person it will to e-mail either Advocate Nigel Pearmain or Anne Hembry
generally automatically pass to the survivor on the death of (nigelpearmain@voisinlaw.com)
the first joint owner. Where property is owned as tenants in (annehembry@voisinlaw.com) at Voisin or telephone
common with another person then the property would not 500300 to make an appointment to discuss your Wills.
20/20 sixty two
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68