CONCERNS have been raised over the new inheritance law.
The new legislation means that children, whether born in or outside of marriage, will have equal rights to inheritance from parents who did not leave a will.
However, this means that children may have to wait six years for their inheritance in case any potential illegitimate siblings lay claim to a property.
Kate Raleigh from the Citizens Advice Bureau said they were concerned about the law and its implications.
‘Although the amendments were intended to allow inheritance to proceed as before, unless there was some reason to believe that there were ‘unascertained heirs’, serious problems have arisen for several families already,’ she said.
‘I think it is important that people are warned of the risks and that policy makers understand the difficulties which have arisen.’
Mrs Raleigh highlighted the importance of writing a will of realty even for those who have been told in the past that this was not necessary. She said another element was the need for a clear and inexpensive procedure for situations where named beneficiaries have not been stated in a will.
This has been backed by Advocate Davey Le Marquand, partner at Carey Olsen.
‘The importance of making a will of real estate where Guernsey immovable property is owned cannot be overstated whether you have children or not,’ he said.
‘Every individual’s circumstances are different. However, what is common to many people is the ownership of their own home.
‘Prior to 7 May 2008, there was no necessity to have a will of Guernsey real estate if you were satisfied for your property to pass equally between your legitimate descendants.
‘Now, in every case where a will of real estate has not been left [intestacy], whether the owner had children or not, an application will now be required to the court as the only way to produce good title, satisfactory to a purchaser’s advocate and lending bank, to enable the property to be sold.
‘The practical effect of the changes is that if any person owning immovable property dies without leaving a will of Guernsey real estate, there will be “uncertainty” as to the ownership of his or her property.
Advocate Le Marquand said that while the property may pass to an owner’s offspring, the son or daughter would not be able to prove good title when selling the property.
This is because the heir will not be able to prove that their parent did not have a further progeny or that there was not a child somewhere in the world.
The Royal Court has dealt with and granted the application for the appointment of an administrator under the new law.
Article posted on 18th November, 2008 - 11.30am
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