“Law changes on wills would mean security for widowers and civil partners” – legal expert

Thursday 18 September 2014

Islanders should have their say on a consultation to modernise Jersey's inheritance law says Collas Crill wills expert Advocate Clare Nicolle.

The Legislation Advisory Panel has invited Islanders’ views on a proposed amendment that would ensure that a wife, husband, or civil partner would have the legal right to continue living in the matrimonial home after the death of a spouse or civil partner.

Advocate Nicolle said: "I'm delighted to see that the Chief Minister's department is taking positive steps to update our inheritance law. The laws relating to succession and rights of inheritance affect every Jersey resident and it is surprising, therefore, that they do not always take the high priority that they should.

"On this occasion, the Consultation Paper specifically acknowledges that the existing law is out of step with the times and no longer provides the security that historically dower rights have given to a widow, which now includes a widower or civil partner."

The Legislation Advisory Panel would like to receive general comments about the suggested amendment, as well as more specific feedback on: any perceived drawbacks or unfairness in the workings of the possible reform; any additional provi​sion that might need to be made in connection with such a reform; the criteria for exclusion from automatic entitlement; and preserving the effect of Article 7 of the Loi (1880) sur la propriété foncière in relation to hypothecary rights 

The consultation, which opened at the end of July, has two more months left to run and ends on 30 November.