News and Insights

Love is in the air this week and some of you may be catching up on the dating show “Love is Blind UK” where couples decide whether to get married after getting to know each other for 3 weeks.

The nation’s favourite contestant in season one was a funeral director, Freddie, who was coupled up with our very own Jersey girl, Catherine.

The couple hit it off straight away and fell in love very quickly, however cracks started to show when Freddie asked Catherine how she felt about signing a prenup as he wanted to leave his money to his sister should he die. Some would agree that this is a very sensible approach, especially as the couple had only known each other for 3 weeks. However, Catherine was visibly shocked and upset and later discussed with her friends who agreed that it was not ok and controlling.

Whether you’re team Freddie or team Catherine, it is important to know your legal position when getting married and to be aware of what you can do to protect your assets.

Testacy (where there is a Will)

If I make a Will I can leave my assets to whoever I want, right? Not quite.

Although you can draft a Will leaving your assets to whoever you want, it is important to be aware of forced heirship laws that exist in Jersey. There are proposals for these laws to be amended however, this is the current position:

Movable estate (your money, personal possessions, share transfer property)

Under the law of légitime your spouse or civil partner and your children are entitled to a share of your estate by law, irrespective of who the beneficiaries are of your Will. They are entitled to bring a claim against your estate when you die, and if a claim is brought there is no defence against it.

Under légitime, your spouse or civil partner and children are entitled to the following shares of your estate:

Married with no children

Your spouse is entitled to the household effects and 2/3 of your movable estate. You then have a free disposable 1/3 you can leave to whoever you wish.

Married with children

Your spouse is entitled to the household effects and 1/3 of your movable estate. Your children are entitled to 1/3 of your movable estate. You then have a free disposable 1/3 you can leave to whoever you wish.

Immovable estate (your house – freehold/flying freehold property)

Your spouse or civil partner has a dower right over any immovable estate you may own.

Married with no children

Your spouse or civil partner has a dower right over 1/3 of your immovable property.

Married with children

This is the same position as not having children. Your spouse or civil partner has a dower right over 1/3 of your immovable property.

Intestacy (where this is no Will)

If you do not prepare a Will, the law of intestacy will govern the succession of your estate.

Under the law of intestacy, your estate will devolve as follows:

For your movable estate the law is as follows:

Married with no children

Your spouse or civil partner is entitled to all of your movable estate.

Married with children

Your spouse or civil partner is entitled to the household effects and the first £30,000. The remainder is split 50/50 between your spouse or civil partner and your children.

For your immovable estate the law is as follows:

Married with no children

Your spouse or civil partner is entitled to all of your immovable estate.

Married with children

Your spouse or civil partner is entitled to an equal share with each surviving child. Your spouse is also entitled to life enjoyment of the matrimonial home.

We all love being in love however it is important to carefully consider how you would like your estate to devolve on your death and the options available to you. Love may be blind, but your estate planning certainly shouldn’t be. For advice relating to Wills and Estate Planning please do not hesitate to contact Viberts' Private Client team.