News and Insights

Will Terms:

Will
The legal document in which a person records by whom
and to whom their property is to be distributed to after their death.

Codicil
An additional document made after the will which modifies or revokes part of the will without having to make an entire new will.

Executor
Person entitled to administer the Estate because they
are named by the deceased in their will to carry out their
instructions. Their authority to act is validated when the will is proven in court (when probate is granted).

Executrix
A female Executor.

Executor Nominate
The person(s) named in the will as Executor(s).

Alternate Executor
The second person named in the will as Executor should
the first Executor pre-decease the testator or be unable (or unwilling) to fulfil their duties.

Executor Dative
An Executor appointed by the court not named in the
will. This happens should both the Executor Nominate
and Alternate Executor be unable or unwilling to fulfil their duties.

Trust/will Trust
A legal arrangement set out in the will which is activated
on the death of the individual. The will appoints a trustee
to whom the assets are transferred. This trustee oversees these assets until the trust expires. An example would be a sum of money (asset) transferred to the mother (trustee) to hold on trust until the child is of age (trust expires).

Letter of wishes
These are non-binding wishes expressed outside of the will document itself. These can include further directions for the Executor or beneficiaries as well as specific funeral wishes such as a choice of reading or music.

Testator/Testatrix
The person whose will it is and whose assets form the
subject of the will.

Estate Administration
The duty of the executor(s) which has 3 stages: Firstly,
collecting all of the deceased’s assets. Secondly, paying off all outstanding debts such as utility bills and funeral costs. Thirdly, distributing the remaining net estate in accordance with the will.

Beneficiary
A person who inherits from the Estate of the deceased.
This can be either only under the provisions of the will or
under the will as well as by operation of law.

Heirs
A synonym for beneficiary.

Estate
Everything owned by the deceased in real estates and
other assets such as bank accounts, jewellery, collections, insurance policies, bonds and shares.

Movable property
All assets and possessions which are not immovable. This includes money in bank accounts, bonds, shares, valuable collections, cash, jewellery and other possessions.

Will of movable estate
The will governing your movable property after your death.

Immovable property
All property in or to do with the land such as a field, house or flat.

Will of immovable estate
The will governing your immovable property after your
death.

Bequest
Synonym for inheritance or gift left to someone in a will.

Devise
Verb used in wills for leaving immovable property to
someone.

Bequeath
Verb used in wills for leaving movable property to someone.

Pecuniary legacy
A specified sum of money from the estate as a whole left to someone or a charity in a will.

Specific bequest
A specific item left to someone in a will such as a ring,
watch or specific share of a bank account.

Issue/remoter issue
Issue refers to the children of the person named. Remoter issue refers to descendants of those children one generation down and so on.

Guardian
The person responsible for the well-being of a child should the parent not be able to look after them.

Tutelle
The formal mechanism required by Jersey law to safeguard the financial interests of a minor who inherits immovable or movable property. The purpose of a tutelle is to act in the best interests of the minor and preserve their assets. This is why all seven members (6 electeurs and 1 Tuteur) are jointly and severally liable for any losses.

Testamentary powers/testamentary freedom
The limits under the law as to what the person making their will is allowed to do.

Witnesses
Two people who are not beneficiaries under the will who
are present at the signing of the will. They sign the will to acknowledge that the maker was not unduly influenced and understood the consequences of their will.

Revocation clause
A clause in the will cancelling previous wills by stating it
replaces them. This clause can be general, meaning all
previous wills are revoked, or specific to certain assets
or jurisdictions. For example a revocation clause only
cancelling previous wills relating to the Jersey immovable
estate.

Légitime
Those parts of the estate the spouse/civil partner and
children have a legal entitlement to. If they are left less than this entitlement, they can make a claim against the estate via the executor.

Forced heirship
The legal entitlement to a share of the estate called légitime by the spouse/civil partner and children.

Partie Disponible
Part of the Estate the maker of the will may dispose of as
he/she wishes. The part unaffected by any claims under the forced heirship rights of légitime.

Entitlement
That to which a person has a right.

Joint ownership
A form of shared ownership. When one owner dies,
ownership passes automatically (meaning by operation
of law) to the remaining living owners. This means the
deceased’s share does not form part of their estate and
does not pass to his or her heirs.

Ownership in common
In absence of any intention expressed to the contrary, this is the presumption. The share of the owner in common forms part of the deceased’s estate and passes to his heirs.

Undivided shares
Same meaning as ownership in common.

Assets/joint assets
Assets or property owned between two or more people.

Residue
That which remains of the Estate once any outstanding bills and debts have been paid off and any pecuniary legacies have been paid out.

Property
That which is the property of someone and therefore
owned by them.

Tenants in common
Each tenant owns a separate share in the property. On
the death of one, their share forms part of their estate and passes to their heirs.

Household effects/household contents
Contents, fixtures and fittings of the property occupied.

Advancement de succession
Jersey French for anticipation or advance of inheritance.
Where someone is given a gift of significant value during
the lifetime of the person he will inherit from. An example would be a father (the donor) giving a substantial gift to one of his three children (heirs) during his lifetime. Often referred to as significant lifetime gifts.

Rapport a la masse
This is relevant when one of the heirs has received one
or several significant gifts from the deceased during his
lifetime. For example, a father helping his son buy his
flat. Such gifts are considered to be avancement de
succession, or advances of inheritance. The other heirs can demand that the value of such gifts be thrown back into the ‘pot’ of inheritance for the purpose of calculating their respective shares of the Estate. This is called ‘Rapport à la masse’.

Life enjoyment
The right to enjoy and live in the property of another for the duration of one’s life as if it were one’s own.

Share transfer property
Buying a share transfer property means purchasing a set
of shares in a limited liability company which owns the
property (e.g. a block of flats) allowing you (with residential qualifications) to occupy a flat within the property. The owner of shares in a company does not own “immoveable property”.

Freehold property
Right of ownership over a piece of land or property such
as a house or flat. The owner of a freehold property is said to own “immoveable property” and should have a separate will do deal with that.

Dower or douaire
Right of enjoyment which a widow has over one third of the immovable estate of their deceased spouse.

Testate
When a person died leaving a will.

Intestate
When a person died leaving no will.

Debts of the estate
All outstanding bills and debts such as utility bills, funeral
expenses or income tax liability which must be paid from
the Estate before it can be distributed.

Testamentary expenses
Costs incurred while performing the duties of executor
including obtaining probate, collecting the estate and
stamp duty.

Testamentary Capacity
To have the mental capacity to satisfy the legal requirements for the ability to make or change your will. Relevant factors include being of sound mind and memory and understanding the implications of your decision.

Funeral wishes
These are non-binding wishes expressed in the will or
annexed as a letter of wishes. They can be limited to a
preference for cremation or burial but may include funeral preferences such as hymns, readings or choice of music.

Predecease
To die before the maker of the will (testator).

Survive
Those persons named in the will who are still alive when it comes into effect.

Equal shares
Divided equally between the persons named.