Inheritance

Under Jersey law, the right to inherit property is affected by factors such as legitimacy and whether you are a widow or a widower. 

For example, an illegitimate child has a right to inherit from the estate of his or her mother, but not father.
For example, a widow has a right of dower or life enjoyment of one third of her deceased husband's immovable property. A widower has a claim of viduité or life enjoyment of all of the deceased wife's immovable property.

The absurdity of the current laws are demonstrated by the following example.  A man has two brothers.  He never marries, but lives with his partner for more than twenty years. 

Together they have a daughter who is severely disabled.  The partner gives up work to become a full time carer for their daughter.

The father dies without making a will.  The whole of his estate will devolve to his brothers. 

The partner has no right to inherit because they were not married and the inheritance laws give no rights to dependants.  The daughter has no right to inherit because she is illegitimate.

In 2001, the Legislation Committee presented a report to the States on succession rights. This report recommended that the current laws of succession should be repealed so as to allow any person freely to dispose of moveable estate subject to the right of the court to provide a proper sum out of the estate for the maintenance and support of the dependants of the deceased.

The report also recommended that there should be no difference in treatment between legitimate and illegitimate children of the deceased and expressed concern that such discrimination could be contrary to the European Convention on Human Rights.

In January 2009 the Chief Minister told the States that proposed changes to the inheritance laws were with the Legislation Advisory Panel. However six months later no changes had been made. In light of the ongoing failure of the States to rectify the problems with the succession laws the Trust commissioned Professor Meryl Thomas of Birmingham City University to report on whether the existing laws are human rights compliant. Her report was completed in autumn 2009 and concluded that the current succession laws violate the Convention rights in several respects. Click here to read a copy of Professor Thomas' report.

The Trust then wrote to the Legislation Advisory Panel presenting them with the findings from Professor Thomas' report and asked them to confirm that the Panel would make certain that legislation was brought forward within three months that would ensure that the Island’s obligations under the European Convention on Human Rights were complied with.

The panel decided to concentrate on the area of difference that exists between legitimate and illegitimate children and a proposition has been lodged that will be debated in the States on 23rd March 2010.The Trust is extremely pleased to see this proposition lodged. To read the proposition in full please click on the following link - states website and click on proposition 7. There is also an amendment to this which makes some minor changes and can be located on the same site.

The next phase of amendments will deal with the difference that currently exists between widows and widowers in relation to sucession ( inheritance).

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Jersey Community Relations Trust
PO Box 50
St. Helier
JE4 8PA

JCRT Believes in the elimination of discrimination and equality for all