BUYING a home is a big deal.

For most of us, it represents years of saving, hard work, paperwork, mortgage applications and even more paperwork. Whether it is your first home, the family house or an investment property, it may well be the most valuable asset you will ever own.

Therefore, once the keys are safely in your hand, you might think the important bit is over.

Not quite.

There is one more important piece of planning that is often overlooked: making a will.

If you have recently bought a property and do not already have a will, now is an excellent time to make
one. Your financial circumstances have changed significantly, and a properly drafted will can help ensure that your property and other assets pass to the people you choose.

Your property may not be inherited as you think

It is easy to assume that if you die without a will, everything will simply pass to the people you love.

Unfortunately, the law does not work quite like that.

If you die without a valid will, your estate is distributed under the rules of intestacy. These rules determine who inherits your assets according to a legal formula.

They do not know that you always intended your partner to have the house. They do not know that you wanted to help a particular child, leave something to a sibling or support a favourite charity.

The law cannot read your mind. A will can.

By making a will, you can set out clearly who you want to benefit from your estate and, importantly, who you want to inherit your property.

You insured the house. Why not protect its future too?

Think about everything you did when buying your property.

You probably arranged a mortgage, instructed a lawyer, carried out searches, signed an impressive pile of documents and arranged insurance.

A will is another form of protection, just one that is designed for the future.

For many people, their home is their biggest financial asset. A properly prepared will can provide certainty
about what should happen to it when they die. It can also make things easier for those left behind by
reducing uncertainty, confusion and the potential for disputes at an already difficult time.

You have spent years working out how to buy the house. It is worth spending a little time deciding what should happen to it afterwards.

Jersey law: not all property is treated the same

This is where things get particularly interesting in Jersey.

Jersey law distinguishes between immovable property and movable property, and the distinction is important when making a will.

Immovable property

Immovable property includes land and houses, including freehold and flying freehold property.

One of the important features of Jersey law is that you have testamentary freedom over your immovable property.

In simple terms, you can decide who you want to leave your house or other real estate to in your will. That could be your spouse, your children, another family member, a friend or even a charity.

Provided your will has been validly executed, you have considerable freedom to decide who should benefit from your immovable property, subject to any right of dower a spouse/ civil partner may have.

Movable property

Movable property is treated differently. This includes savings, investments, shares, personal belongings and other financial assets. It also includes shares in share transfer property.

Your movable estate maybe subject to Jersey rules of légitime. These rules provide the surviving spouse or civil partner and children with statutory rights to a share of the deceased’s net movable assets.

This is why taking proper legal advice when preparing your will is so important. The distinction between movable and immovable property can have a significant impact on how your estate is dealt with, so it is important to make sure your will reflects your wishes and takes account of the law.

Not married? Don’t assume your partner is protected

One of the most common misconceptions is that if you have been together for years, your partner will automatically inherit your property. If you are not married or in a civil partnership, that is generally not the case.

You may have bought your home together, shared the mortgage, paid the bills and built a life together. But without a will, your surviving partner may not automatically inherit your share of the property.

That can create significant financial and emotional difficulties at an already painful time. A will gives you the opportunity to make your wishes clear and put appropriate arrangements in place for your partner.

Blended families need careful planning

Families today come in all shapes and sizes. There may be children from previous relationships, children from a current marriage or partnership, a new spouse or an unmarried partner.

For blended families, careful estate planning can be particularly important. You may want to make sure your spouse or partner is financially secure while also ensuring that your children ultimately benefit from your estate.

There is no universal answer. The right approach will depend on your family and your wishes. The important thing is to make a plan rather than leaving the law to make one for you.

No children? You still need a plan

Not everyone has children. But that does not mean you should leave your estate to chance.

Perhaps you want your property to pass to your partner, siblings, nieces or nephews. Perhaps there is a close friend you would like to benefit. Or maybe there is a charity that means a great deal to you.

Whatever your wishes, a will gives you the opportunity to say so, otherwise, the law gets the final say.

A will is a gift to those you leave behind

It is easy to think of a will as something to deal with later.

There is always a reason to put it off. You are too busy. You are too young. You have not finished sorting out your finances. You will get around to it next year.

But a will is really about making life easier for the people you leave behind.

When someone dies, families are already dealing with grief. Having clear instructions can remove uncertainty and prevent loved ones from having to guess what you would have wanted.

A good will says: “I have thought about this, and I have made the decision for you.”

That can be a very valuable gift.

You’ve bought the house. What’s next?

Buying a property is one of the biggest financial commitments most people will ever make.

Once the champagne has been opened, the boxes unpacked and the first DIY disaster survived, it is worth taking one final practical step.

Make a will

You worked hard to buy your home. Take the same care over deciding what happens to it in the future because while buying the house may have been the hard part, making sure it ends up in the right hands could be just as important. Making a will is a small step for you but it is a meaningful one for someone else.

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That’s not to say there is not a group of buyers being left behind. There is absolutely a cohort of first-time buyers who don’t meet Andium’s criteria but are still struggling to get a foot on the ladder. This is where I think government has, in the past, got it right and could get it right again.

What worked: the First Step scheme

Years ago, the Jersey Government ran a scheme called First Step, working closely with the property industry to design something that actually met buyers’ needs. Rather than restricting buyers to new-build flats, it helped them onto the open market and crucially, it could not be used to buy directly from a developer.

Around 95% of the people I helped through that scheme bought a house, not a flat. It was, in my experience, a genuinely excellent piece of policy. Unfortunately, the scheme has been on pause for some time, largely because the funding allocated to it ran out.

I would like to see it revived,and extended. Not just for first-time buyers, but for what I’d call “second steppers”. These are people who bought a one or two-bedroom flat some years ago, have since had children, and now find themselves unable to move up to a house because they can’t bridge the gap between their existing mortgage and what a family home costs.

A second-charge arrangement, similar in principle to First Step, where government helps fund the deposit on the next purchase and recoups a share of the capital appreciation when the property is eventually sold, is a sensible, self-funding way to unlock that “trapped energy” in the one and two-bedroom market. Freeing up flats for the next generation of first-time buyers has a multiplying effect on the whole market.

Policy needs to be joined up

More broadly, my concern is that housing policy in Jersey has, at times, felt like a series of well-intentioned but disconnected interventions rather than a coherent strategy. The 3% tax introduced on buy-to-let purchases in 2022, just as the market was turning, was intended to encourage owner-occupation, and I understand the logic. But as far as I’m aware, its actual effect has never been properly monitored. Government should be measuring the outcomes of these policies, not simply moving on to the next idea.

Similarly, the debate around minimum flat sizes, restricted only a couple of years ago and now apparently being loosened again, deserves more scrutiny of the “why” behind the change. My honest view is that government, across Andium Homes, the Jersey Development Company and the wider machinery, needs to pause, talk properly to the industry and set out a clear, long-term plan for meeting Jersey’s housing need, rather than reacting to headlines.

Part of that stocktake should include a hard look at why Jersey has two States-owned entities both active in residential development. Andium Homes exists to provide social housing and help first-time buyers onto the ladder, while the Jersey Development Company exists to deliver major regeneration and commercial schemes.

In practice, though, both are now building and selling residential units. JDC’s developments carry a first-time-buyer shared-equity element too, and there are examples of a single scheme being associated with both organisations. When two government-owned bodies are effectively competing for the same buyers with similar stock, it’s fair to ask whether that’s the best use of public resource, or whether a clearer division of responsibility, with JDC concentrating on commercial and larger-scale regeneration and Andium retaining the residential and affordable-purchase remit, would serve the Island better.

Fixing the process itself
Away from policy, there’s also real work to do on how property transactions actually happen day to day. Alongside colleagues in the industry, we’ve been running regular training and networking sessions bringing together lawyers, estate agents and financial advisers, and we now have an established working relationship with the Jersey Estate Agents Association to look at how we can improve the conveyancing process.

One of the biggest sources of stress for clients isn’t the process itself, it’s uncertainty: not knowing how many parties are in a chain, or when everyone will actually be ready. We’re pushing for far greater transparency at the start of a transaction, so that everyone involved knows the full picture, agrees a realistic target date together, and only then moves to a binding commitment. That allows people to get on with their lives, like booking removals, taking holidays, etc., with real confidence, rather than living in limbo until completion day.

A workforce under pressure

Finally, I would flag a less visible but serious issue: the number of qualified conveyancers on the Island has fallen by roughly 50% since 2000, down to around 37 full-time practitioners, of whom a significant number are approaching retirement. Without proper investment in training and a clear route into the profession, that shortage will only add further strain to an already pressured system, regardless of what happens with schemes and policy.

Jersey’s housing challenges won’t be solved by any single measure. But a joined-up strategy, properly monitored policy, and closer collaboration across the industry would go a long way to making the market work better for everyone trying to buy, sell or simply move on with their lives.

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Why are there different types of home ownership in Jersey and what do they mean?

In Jersey, there are four main types of residential property ownership.

1. Freehold

This is the simplest and most traditional form of ownership. You own the property, the land it sits on and generally everything above and below the property within its boundaries. Typical examples are detached houses and semi-detached houses.

2. Leasehold

With a leasehold property, you own the right to occupy the property for a specified period under a lease, rather than owning it outright forever. You have a long-term lease (often many decades) but someone else owns the freehold (the building and land). Typical examples are blocks of apartments.

3. Share Transfer

A share transfer property is common for apartments in Jersey. Instead of buying the apartment itself, you buy shares in a company that owns the building. Those shares give you the right to live in a specific apartment. You can usually buy one without housing qualifications, but you need the correct residential status to live in it.

4. Flying Freehold

A flying freehold is becoming increasingly popular in Jersey and is often preferred over share transfer ownership for new apartment developments. You own your apartment outright, as well as a share of the building’s common areas, such as hallways, gardens and parking areas. Unlike share transfer properties, buyers need the appropriate Jersey residential qualifications to purchase a flying freehold property.

As a first-time buyer, what financial and legal steps should I take before I start viewing properties?

If you’re thinking about buying a property, start by speaking to your bank or a trusted financial adviser to understand your budget. Find out how much you could borrow and what monthly payments you can comfortably afford.

It’s also a good idea to get a fixed-fee quote from a lawyer so you can factor in legal costs, stamp duty and any bank fees from the outset.

The biggest mistake many buyers make is falling in love with a property before knowing whether it’s within their budget. Understanding your finances first will make your property search much less stressful and help you focus on homes you can realistically afford.

What does “subject to contract” actually mean in Jersey and at what point in the process am I legally committed to buying?

‘Subject to contract’ means that an agreement has been reached in principle, but neither the buyer nor seller is legally committed to the transaction yet. It is commonly used in property transactions, particularly share transfer sales. Unfortunately, either party can still withdraw from the sale at any time. In Jersey, there is no certainty in a freehold or flying freehold transaction until the contract has been passed before the Royal Court.

We recommend using a reputable estate agent and obtaining as much information as possible about the property chain to ensure transparency and reduce the risk of delays or the transaction falling through.

I’m considering downsizing. What factors should I think about before putting my home on the market?

The biggest obstacle we see with downsizing is people leaving it too late. Buying and selling property can be stressful at the best of times and if you’re also dealing with health issues, reduced mobility, or personal circumstances, that stress can be significantly increased.

The best approach is to start the conversation early, before a move becomes urgent. Planning ahead gives you more time to explore your options, prepare your property for sale, and find the right home without unnecessary pressure. Downsizing is often much smoother and less stressful when it is a choice rather than a necessity.

What are the typical fees involved in buying or selling a property in Jersey and when are they payable?

The costs of buying or selling a property can vary depending on the type of property and the complexity of the transaction. Common costs include legal fees, stamp duty, bank fees, valuation fees and estate agent fees.

When choosing a lawyer, it’s sensible to obtain two or three quotes. However, price shouldn’t be the only factor. It’s also worth asking about the firm’s current workload and how quickly they can start work on your transaction. Choosing a lawyer who has capacity to progress your matter promptly can be just as valuable as securing a competitive fee quote.

How does the conveyancing process in Jersey differ from the UK, and how long should I expect it to take from offer to completion?

Despite some criticism of the Jersey conveyancing process, it is actually relatively quick, with most transactions completing within around 6 to 8 weeks. By comparison, property transactions in the UK can often take several months.

The UK conveyancing market has changed significantly in recent years, with much of the work now being carried out by large-volume conveyancing businesses rather than traditional law firms. Communication is often handled through online portals and forms, and it can be difficult to speak directly to the person dealing with your transaction. In Jersey, clients generally benefit from a more personal service, with direct access to their lawyer and a clearer understanding of how their transaction is progressing.

What happens if a survey reveals a problem with the property after I’ve made an offer? Can I renegotiate or withdraw?

If a survey reveals a problem with a property after you’ve made an offer, you can usually renegotiate the price to reflect the cost of any repairs, or, if the issue is significant, you may decide to withdraw from the purchase.

It’s also worth understanding that a standard bank survey is typically just a basic valuation for lending purposes. Where possible, consider paying for a more detailed building survey, as this will give you a much clearer picture of the property’s condition and help you make a more informed decision before committing to the purchase.

As a seller, what documents and information will I need to provide to my lawyer to get the sale moving as quickly as possible?

To help your sale progress as quickly as possible, provide your lawyer with as much information as you can at the outset. This will typically include proof of identity, details of your mortgage lender (if applicable), copies of any planning permissions, planning approvals, guarantees, warranties and information about any alterations or extensions carried out to the property. If you’re selling an apartment, you’ll also need details of service charges, management companies and any relevant property documentation.

The more information you can provide from the start, the fewer delays there are likely to be later. A good lawyer will tell you exactly what is needed, but being organised and responding promptly to requests can make a significant difference to the speed of the transaction.

If you have any questions about buying or selling your property in Jersey, the Property & Conveyancing team at Le Gallais & Luce would be delighted to help.

Call: 760 760
Email: propertyteam@lgl.je
Website: www.lgl.je/services/property/

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In this month’s Connect Magazine, our Partner Marianne Shaw explores the important topic that many of us know we should address but often delay: making arrangements for the future.

Discussing wills, wishes, and end-of-life planning can feel uncomfortable. Marianne shares practical insights on why succession planning matters, common misconceptions, and the steps you can take to ensure your wishes are clearly documented and legally protected.

Read the full article in this month’s Connect Magazine.
https://app.bailiwickexpress.com/full_page_image/page-14_59820799/content.html

If you would like advice on wills, estate administration, powers of attorney, or succession planning, the team at Le Gallais & Luce would be pleased to help.

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