Jersey estates are subject to distinct customary laws and cross-border asset rules.
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Jersey Customary Law and Your Estate
Jersey customary laws govern movable and immovable estate assets under strict local rules.
Movable and immovable estate: why Jersey wills are often split
Jersey law treats immovable estate situated in Jersey and movable estate under different rules. Each has its own formalities, its own registration process and, on death, its own route through the Royal Court.
The Loi (1851) sur les testaments d'immeubles allows immovables to be left in the same will as movables or in a separate one (Article 7). Because the formalities differ, many Jersey estates are planned with two documents.
Signing a will of immovable estate
The 1851 Loi sets strict formalities, and Article 8 states that they must be observed on pain of nullity. In summary:
- The testator signs at the end of the will, or acknowledges a signature already there, in the presence of 2 witnesses who are present at the same time.
- Both witnesses then sign the will in the testator's presence.
- If the will is not handwritten by the testator, it must be read aloud in the presence of the testator and both witnesses.
- One witness must be a "qualified witness". Article 17A of the Wills and Successions (Jersey) Law 1993 defines this. In Jersey it means a Jurat, a member of the States, an advocate, a solicitor or a notary public, with a wider list for wills signed outside Jersey.
Article 9 of the 1851 Loi disqualifies certain witnesses. A legatee cannot witness, nor can a relative of the testator or of any legatee, by blood or marriage, closer than first cousin.
Where a testator is physically unable to sign, Article 17A of the 1993 Law sets out a separate procedure. The declaration is made before 2 witnesses (one qualified), recorded on the will, and another person signs on the testator's behalf.
Movable estate and légitime
A will of movables does not give complete freedom of disposition. Under Article 7(2) of the Wills and Successions Law, a surviving spouse or civil partner, and children, can claim a fixed share known as légitime:
- Spouse or civil partner, no issue: the household effects and two-thirds of the rest of the net movable estate.
- Spouse or civil partner and issue: the spouse or partner may claim the household effects and one-third of the rest; the issue may claim another third.
- Issue, no spouse or civil partner: the issue may claim two-thirds of the net movable estate.
"Household effects" is defined narrowly. It excludes vehicles, business assets, money and securities, and any single item or set worth over £10,000 (Article 7(4)). These rights do not apply where the spouses were not living together at the date of death and either the survivor had deserted the deceased without cause or the deceased had obtained a decree of judicial separation (Article 8, with a parallel rule for civil partners in Article 8AA).
A will of movables is formally valid in Jersey if its execution complies with Jersey law, or with the law of the place where it was signed, or of the testator's domicile, habitual residence or nationality, under Article 29 of the Probate (Jersey) Law 1998. That flexibility does not apply to Jersey immovables, which follow the 1851 Loi.
Events that change an existing will
Divorce or annulment revokes gifts to the former spouse and their appointment as executor, unless the will says otherwise. The same applies when a civil partnership is dissolved or annulled (Article 16 of the 1993 Law). The Law was most recently amended by the Wills and Successions and Probate (Jersey) Amendment Law 2026, in force from 12 June 2026, so a will written some years ago may be worth reviewing against the current text.
What happens after death
A will of immovables must be presented to the Royal Court, which orders its registration before it can take effect (Article 14 of the 1851 Loi). An action to set it aside must be brought within a year and a day of the Act of the Court ordering registration (Article 15).
Under Article 19 of the Probate Law, a grant of probate or administration is generally needed to establish the right to recover movable estate in Jersey. Article 19A creates a small estates exception: a holder may release movable estate without a grant where the gross value it holds does not exceed £30,000 and the other conditions in that Article are met.
What to bring to a first meeting
- A list of Jersey property and how each is held (freehold, flying freehold or share transfer). Bring title documents or share certificates where you have them.
- Bank, investment and pension details, including assets held outside Jersey.
- Details of your spouse or civil partner and children, including any from earlier relationships.
- Copies of any existing wills, in Jersey or elsewhere.
- Where you consider yourself domiciled and habitually resident.
Jersey Will Writing Asked Questions
Here are answers to common questions about will writing in Jersey. If you have unanswered questions, please contact us using the form above or you can contact us here.
Why is specialised Jersey Will Writing necessary compared to a standard UK will?
Jersey operates under its own legal system, governed by specific customary laws for movable and immovable property. Instructing a local Advocate means these strict regional statutes are met correctly.
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