Inheritance disputes cause emotional distress and create significant financial risks for high-value estates. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Contentious probate in Jersey
Types of dispute
Independent Jersey Advocates specialise in inheritance disputes, including claims under the Wills and Successions (Jersey) Law 1993 and challenges to testamentary capacity.
Movable and immovable estate are handled separately
A Jersey estate is split in two: movable estate (money, investments, belongings) and immovable estate (land and buildings in Jersey). Different rules and procedures apply to each, so the first step in any dispute is to work out which part is affected.
- A grant of probate or administration covers movable estate. The Probate (Jersey) Law 1998 governs grants and defines "will" as a will of movable estate.
- Jersey immovable estate passes under a will of immovables or the intestacy rules. These wills are registered in the Public Registry.
Stopping a grant with a caveat
If you want to stop a grant of probate being made, you lodge a caveat. Under Article 9 of the Probate Law, anyone with an interest in the deceased's movable estate who intends to oppose a grant can lodge one with the Judicial Greffier, either in person or through an advocate or solicitor.
While a caveat is in force, no grant can be made. It lasts for 6 months from the day it is lodged unless it is withdrawn, cleared off by the court, or the dispute is decided first. It can be renewed.
What happens next
Article 10 sets out the procedure:
- The person whose application has been blocked can summon the caveator to the Inferior Number of the Royal Court to show why the caveat should not be cleared off.
- If the caveator does not appear, the court can order the caveat to be removed.
- If the caveator appears, the court can keep the caveat in place until the dispute is decided. It can also place the estate with the Viscount or another person, or authorise a limited grant in the meantime.
- If the caveator challenges the will, the court decides its validity as if hearing an action to set aside (cassation et annulation) a will of movable estate.
An order under Article 10 can include damages, so a caveat needs real grounds.
Claims for légitime
A will that leaves family members out can be reduced, even if it is perfectly valid. Jersey still protects part of the movable estate for a surviving spouse or civil partner and for children. Under Article 7(2) of the Wills and Successions (Jersey) Law 1993, where someone dies with a will of movable estate:
- Spouse or civil partner and issue: the spouse can claim the household effects and one-third of the rest of the net movable estate. The issue can claim another third.
- Spouse or civil partner, no issue: the spouse can claim the household effects and two-thirds of the rest.
- Issue, no spouse or civil partner: the issue can claim two-thirds of the net movable estate.
The claim is made by applying to reduce the will ad legitimum modum. The jerseylaw.je glossary states that this must be done within a year and a day of the will being admitted to probate.
For deaths after the Civil Status (Abolition of Legitimacy Etc.) (Jersey) Law 2025 came into force, Part 3A of the 1993 Law says it is irrelevant whether a person's parents were married to each other when deciding their succession rights, including the right to reduce a will.
Dower and spouses living apart
Where someone dies with a will of immovables, Article 5A gives the surviving spouse or civil partner dower. Since the Wills and Successions and Probate (Jersey) Amendment Law 2026, dower is defined as life enjoyment of the whole matrimonial or civil partnership home, and no longer extends to other immovable property. Older estates may fall under the earlier rules.
Article 8 can remove a surviving spouse's rights altogether. This applies where the couple were not living together at the death and, among other grounds, the survivor had deserted the deceased without cause.
Wills made under a delegation
Some disputes concern a will made for someone who had lost capacity. Under the Capacity and Self-Determination (Jersey) Law 2016, only the Royal Court, not a delegate, can authorise a will to be executed for that person. The Court's Practice Direction RC22/04 sets out the application and the formalities, including sealing by the Judicial Greffe.
Timing points
- Proceedings seeking to annul a will begin by summons, under Rule 6/2 of the Royal Court Rules 2004.
- Under Article 20 of the 1993 Law, a good-faith buyer of estate cannot be disturbed by a will registered more than a year and a day after the testator's death. If you hold a later will, delay can cost you the property.
- Note the date of death and the date probate was granted. Time limits run from these dates.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Contentious Probate Asked Questions
Are there strict time limits to initiate a contentious probate claim in Jersey?
Jersey law enforces strict time limits, such as bringing a challenge to a movable property will within a year and a day of probate. Take advice quickly from a specialist Advocate to check the deadlines that apply to you.
What are the legal grounds for pursuing contentious probate in Jersey?
Under Jersey law, you can challenge a will before the Royal Court of Jersey based on a lack of testamentary capacity, fraud, or undue influence. Advocates assess these grounds and build the evidence for a claim. Heirs may also have legal rights, such as légitime.
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