A Will is a legal document which sets out how you wish your estate to be dealt with at the time of your death. In Jersey your estate is divided into two types of property – the immovable (land and buildings) and the movable (everything else), and as the legal formalities for making Wills differs for each and the Wills are registered in different places after your death it is commonplace for two wills to be made in Jersey.
Who should have a Will, how do you go about it and why?
In answer to the ‘who’, anyone of sound mind over the age of 18 can make a Will; equally if you are a minor a Will can be made in the event that you are married or in a civil partnership.
How? – In Jersey there are no pre-printed will forms, so in order to make sure that your Will is valid professional advice should always be sought.
And why? – To give you peace of mind in knowing that when the inevitable happens your estate will be dealt with (subject to certain exceptions) in accordance with your wishes, rather than allowing the default provisions of the law to take effect. Having a Will in place will make the process at the time of your death simpler and less stressful for your loved ones.
What are the main things that you should take into consideration when planning to make a Will?
Before you approach your chosen lawyer, there are a number of things to consider that will help you complete the process.
- – The person you appoint to administer your movable estate, (an executor is not required for immovable estate). – A practical piece of advice here is to check with the person in question first before naming them to make sure that they are happy to undertake this appointment.
- Burial or cremation? – It is helpful to include instructions for your executor as to your wishes at the time of your demise, and on a practical point you can go a stage further by approaching a funeral director to detail all arrangements including elements as to how or where you’d like your ashes scattered.
- Guardian or tuteur? – In the event that you die leaving minor children you may decide to name a guardian and tuteur to look after and manage the property of that minor child. – Under Jersey law a tuteur must be appointed for immovable property and where the value of movable property exceeds £25,000. The tuteur will be responsible for the administration of the property in relation to which he or she is appointed.
- Specific gifts. – It is advisable that if you choose to leave a legacy in your Will that you clearly leave all relevant details relating to that including a photograph of, say the piece of jewellery in question so that there can be no confusion.
- Cash legacies. – A practical word of advice is to consider leaving a percentage of the estate rather than a fixed amount in case circumstances and values change.
- Residue of estate. – This refers to everything else after the above has been settled, and instructions should be clear as to who you would like to receive the remainder of the estate.
What happens if you don’t have a Will?
In the event that you die without making a Will you are said to have died intestate.
Jersey law on intestacy differs depending on whether the estate is movable or immovable and how each estate is devolved will depend on whether you die leaving a spouse/civil partner and children.
Change in circumstances.
Wills are valid from the moment that they are signed, however, they do not become effective until your death, therefore, it is sensible to keep your Wills under review as circumstances change e.g. marriage, birth of a child or grandchild, purchase or sale of a property, inheritance, retirement, divorce or death.
Where to keep your Will.
Once your Will has been signed most clients are content for their original Will to be held by their lawyer in a wills safe in order to ensure that the will is not lost, damaged or defaced. There is no extra cost for this service and a copy of the Will can be provided to you at the time of signing.
Cost of writing a Will.
No two Wills are ever the same and therefore depending on your requirements the cost of making a Will may vary. For full details you should contact your lawyer. – Our team are available on 760760 or by emailing probate@lgl.je
The potential cost to your estate of not making a valid Will is likely to far exceed the cost of making one, so we would always recommend making a Will.