Inheritance law change will end discrimination

By Simon Tostevin

GUERNSEY’S ‘out-of-date’ inheritance laws will change from 7 May.

The main difference that will be introduced as a result of long-awaited approval of The Law Reform (Inheritance and Miscellaneous Provisions) (Guernsey) Law, 2006, is the removal of discrimination against illegitimate children in inheritance.

It will mean that if someone dies on or after 7 May without having made a will, any illegitimate children will be treated in the same way as legitimate ones. The new law will not affect the provisions of wills made before that date.

Inheritance Law Review Committee chairwoman Jean Pritchard said the changes were long overdue and a positive move.

‘For children who are born out of wedlock, the discrimination is removed and it’s particularly removed for those whose parents have not made a will.

‘It makes the illegitimate legitimate.

‘We are well behind the times because we are not human rights-compliant.

‘And although it may have taken longer than I would have wanted, it is done now and I’m very happy.’

Another change sees the introduction of a scheme to allow an administrator to enable the sale of a property when there is doubt about who or where all the heirs are. The administrator will hold the proceeds of the sale in trust for six years to allow time to contact all those entitled to a share. Deputy Pritchard said that would ensure properties did not needlessly remain empty.

She was also pleased to see that the ancient right of retrait lignager was to be abolished after 7 May.

This law currently allows blood relatives of a person selling a house the right to buy it from the purchaser within one month of the registration of the conveyance as long as they were compensated in the amount of the sale.

‘Retrait lignager was just not right

and we are very happy to have that changed.’

From 7 May, it will also no longer be necessary for people to separate their real and personal property in different wills and the time limit to make a claim against a person who has acquired real property has been reduced from 20 to six years.

However, the Royal Court will have discretion to extend the period to up to 20 years where it considers it equitable to do so.