INHERITANCE laws face another shake-up. A consultation process has been launched on whether to allow someone to bequeath property to anyone they want.
Currently, the family is entitled to a certain proportion of an estate.
‘We hope people will come out with how they feel about this, for or against,’ said inheritance law review committee chairman Deputy Jean Pritchard.
‘We’ve put the case for the status quo and whether it should change. It’s for people to chose. We’re not coming to any conclusions ourselves at this stage.’
The consultation period ends on 31 August.
If the change - called testamentary freedom - happened, then the law would also cater for family provision. That would protect dependants by allowing them to apply to the Royal Court for adequate provision if they had been disinherited.
Guernsey’s legislation is derived from Norman customary law.
There were two principal reasons for the automatic entitlement of the spouse and children. It ensured that a person’s estate was available to meet the needs of the dependants and it backed the Norman view that it was right for the estate to pass to the immediate family.
But some see that as outdated.
The consultation document says that society has changed, so more people cohabit and bring up children without getting married.
There are more divorces and a significant proportion of marriages take place between people who have already been married.
Arguments for change include potentially providing greater fairness for spouses and children who have been excluded from the estate of the person on whom they were dependent. But the report also says that many people may find that Guernsey’s forced heirship regime simplifies the choices that they have to make.
‘It is also probably the case that, in the event that testamentary freedom was introduced, the necessity for family provision would involve the creation of a new jurisdiction in the Royal Court and could, potentially, lead to a great deal of litigation, particularly in cases where a person who would have benefited under the existing rules was disinherited and naturally felt aggrieved.’
In September, the States agreed to change the law to remove discrimination against illegitimate children. That is still waiting for Privy Council approval.
* The consultation document is available from Frossard House, douzaine rooms, the Guille-Alles and Priaulx libraries and online at www.gov.gg.
Article posted on 30th May, 2007 - 12.00am
Loading ...
Most Commented: