GUERNSEY’S outdated inheritance law could soon be brought into the 21st century. At its meeting at the end of the month, the States is expected to approve a number of changes to the current law.

The most far-reaching would be to grant inheritance rights to illegitimate children.

At the moment, any child born out of wedlock is not entitled to the estate left by a deceased parent unless there is a valid will.

‘Change to the position of illegitimates is well overdue and very much needed,’ said Collas Day partner and property and inheritance specialist Advocate Jason Green.

‘People should make wills that clearly state their chosen heirs to achieve certainty and to prevent disputes arising in the future.

‘If they do not make wills dealing with their homes and assets, problems could arise in proving there are no other heirs to the property. A simple will would remove this difficulty.’

In cases where the heirs to a property were unknown, another proposal would allow the Royal Court to appoint an administrator to sell it and hold the proceeds until the heirs were traced.

‘Historically, all the heirs had to be found before the sale of any property could proceed,’ said Advocate Green.

‘Every year there are some cases in that situation which has left some houses around the island in a state of disrepair.’

The States will also consider abolishing the retrait lignager law, which allows relatives of a person selling a property to re-purchase it in the month following the conveyance.

‘There is an argument that it leaves vulnerable people open to abuse, but on balance, in a modern society, a purchaser needs to be able to complete the transaction knowing it is now theirs without fear of retrait,’ he said.

Another major proposal would remove the requirement to have separate wills relating to personal estate, such as money and shares and property.

It could also no longer be a requirement to sign a will disposing of property in front of a jurat, although people could still choose to do so.

‘It will be more cost-effective for clients because only one will need be made,’ said Advocate Green.

‘However, there is a risk it could lead to more home-made wills, which could cause problems especially in relation to houses and land.’

The States will also be asked to note that the review committee wishes to consider more general issues relating to inheritance, including investigating whether forced heirship should continue to apply.

In respect of personal estate, the current law states that a share of the estate must be received by the wife and children of the deceased, regardless of what is stated in the will.

There are also restrictions relating to the disposal by will of houses and land where there is a spouse and descendants.

Advocate Green said any eventual changes to that would be extremely significant and ‘a major departure from Guernsey’s customary law roots’.

He said that he thought that the proposed changes had been generally well received by Guernsey’s legal profession and on balance were for the best.

He also suggested that people take legal advice.

‘People may consider that these changes are too obscure to affect them, but that isn’t the case,’ he said.

‘For example, as people’s attitudes to marriage and relationships change, it is likely that more children will be born outside of wedlock and more half-brothers and sisters born.

‘People should be aware of the effects these changes could have on particular children’s rights as heirs.’