Inheritance law: why change for change’s sake?
Monday 13th April 2009, 2:29PM BST.
THE States should think long and hard before abandoning existing laws of inheritance, according to a leading advocate.
Carey Olsen partner Russell Clark (pictured) said the current laws had served Guernsey relatively well for many years.
The Inheritance Law Review Committee is proposing replacing the current system of forced heirship with one of full testamentary freedom accompanied by family provision.
This would allow a person to leave their property and personal goods to whoever they wanted.
Advocate Clark said that in practice the present laws of testate succession [who someone making a will could benefit] caused little injustice.
‘Our laws prevent Guernsey-domiciled persons from disinheriting their spouse and children,’ he said.
The vast majority of clients wanting wills wished to arrange their affairs so as to benefit their spouse and children in any event, he said.’
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In death all are equal. Carrying on family feuds, injustices or isubderstandings is all this will promote.
You have children then you split on death – simples! Unless, of course you squirrel it away in a trust -which no doubt many of the law firms have made a heap of money out of over the years ;)
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I want to make a will without having to use a money grabbing lawyer. I believe this can be done in the UK so why not in Guernsey?
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Blogger
A number of reasons why
1 It’s the Guernsey way
2 It protects a legal monopoly
3 It allows advocates to live in luxury for mundane work, often done by competent clerks frequently more skilled than their bosses.
The proposals would give freedom of choice to do what you like with property. Seems to fit in with the Guernsey approach that people can do what they like with their investment property.
English law provides safeguards for those wrongly disinherited even those born outside of wedlock.No reason why Guernsey cannot provide similar safeguards.
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HEAR! HEAR! I agree with blogger. Why do we need to pay a lawyer to draw up a will? I think this would be a great idea for the States to work on. Same as buying houses – why do lawyers have to be involved? Could be some lucrative black-hole filling ideas for the States here!
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The number of gold diggers and ungrateful children would decrease, and the lawyers could still make money from court cases challenging the will’s.
Win-Win
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