Advocate makes last-minute plea to preserve inheritance law
Wednesday 27th January 2010, 2:29PM GMT.
A LEADING advocate has urged deputies to reject plans to change Guernsey’s inheritance law.
Ozannes partner Gordon Dawes (pictured) is annoyed by what he sees as constant attempts to Anglicise Guernsey laws.
‘Guernsey law and custom is fundamental to maintaining the distinct identity of these islands,’ he said.
He said that identity was essential to the island’s claim for autonomy and self-determination.’
Advocate Dawes said the law of succession and real property was central to what distinguished Guernsey law.
‘Of course there is scope for reform and modernisation, but the answer is not to throw out what has been the basis of Guernsey law in this area since Norman law was first established,’ he said.
‘It is very frustrating to see Guernsey law forever being Anglicised at a time when the quality of English legislation and case law is itself questionable and English law is itself becoming more Europeanised when, of course, Guernsey law is itself of Continental origin historically.’
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Gordon Dawes representative of the Barclays brothers makes last minute plea to save Guernsey inheritance law?
You couldn’t make it up.
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I would like to know what right Gordon Dawes or anyone else has to dictate to me how I should dispose of my hard earned assets on my death?
This primative and outdated law must be changed.
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Bogart
Although, in reality, the value of your estate won’t have risen by your ‘hard earning’, but by whatever market exists. Therefore it should be taxed before you are able to choose to leave it all to the cat home.
But I catch your drift.
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Arnald
I don’t have any problem with paying tax and will certainly have even less of a problem with paying it when I’m dead.
I would just be nice to know that what is left will be going where I want it to go.
Cats home is good suggestion. I’m rather fond of cats. Might upset the kids a bit though!
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Why are so many people keen to keep old rubbish? First the sirens and now the old inheritance laws – both of which are well past their sell by.
Made me chuckle when I heard Dave Jones joining the advocate’s rearguard attempt to keep the archaic legislation in place with the same weak argument that it forms part of our heritage.
If Messrs Jones and Dawes had moved to Saudi Arabia instead of Guernsey would they be arguing for the retention of amputation punishments for thieves and the stoning to death of adulterers – because it’s the custom there?
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is Gordon Dawes a local guernsey man?
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Quite so, Mr Inder.
Was he thinking of Sark’s ‘law and custom’ which is equally ‘fundamental to maintaining the distinct identity of these islands,’ when he assisted the Barclays invasion….or his fees?
I wonder…..
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Perhaps it is the lucrative Trust market that Mr Dawes is more interested in protecting – currently the only way of circumventing the daft inheritance laws we have.
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Unfortunately you can’t use trusts to circumvent Guernsey’s current laws so in defence of Mr Dawes he isn’t spouting forth with that work in mind. The system of law was all about family/tribal power and introduced to Normandy to protect that – the Romans who used to occupy and trade in the Channel Island had a system of freedom of testamentary disposition which had been in place for a lot longer. The current laws could be viewed as an experiment which no longer works! In our modern society we will gain a lot by reverting to what we used to have (before the Normans!)as there are many who are currently disadvantaged. Most lawyers here do not share Mr Dawes’ views and abolition of the outdated provisions does not in anyway shape or form bring us close to losing our culture or independence. Changes should make applicaiton of the law simpler and cheaper – if only we could change our land law too as that would bring about similar benefits without the sky falling in or EU functionaries marching round St Peter Port. After all, Alderney has hardly become a Brussels annex has it Deputy Jones?
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Neil Inder
Spot on, I thought exactly the same when I read the article.
Arnald
Nonsense yet again, what a surprise you’re interpreting things in your own (virtually unique) way.
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IHT makes dependent relatives homeless every year in the UK and will also put off rich investment here.
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A Bod … actually you can if you are very thorough and are prepared to put a lot of trust in the trustees ….
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A LEADING advocate has urged deputies to reject plans to change Guernsey’s law so as to reduce the earnings of leading advocates. Surprise, surprise.
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neil inder is spot on. is the guernseyman (?)gordon dawes arguing so sincerely for the guernsey traditional way of life the same one who has, arguably, effectively helped to run a coach and horses through sark’s traditional way of life? is it the guernseyman (?) dave jones who supports said dawes and who claims to know what is best for the guernsey way of life? the guern who thinks rationally and has no self interest, or blinkered right-of-thatcher mindset, knows this change is fair and just and overdue.
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Ted
I think you will find that changing the inheritance laws will now lead to MORE work for advocates not less, as people look for tailor made wills to reflect their individual wishes.
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Its gonna make lots of money for the advocates, divide families and cause hard feelings.It will also see people try to manipulate the elderly into leaving money to them.The old inheritance laws are fairer and less open to abuse.
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Le Page, you are totally backwards. The old laws are criminal and are rampant with abuse. I am sad for Guernsey’s future if we don’t change the laws, heard endless stories of people not getting inheritances or being shunned by whole families, sad and horrified.
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It may be of interest for you to know that French inheritance law was itself reformed a few years ago. That’s because it was finally accepted that the the old Norman-based law was archaic…
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Why cant we write a will without using an advocate. I know where all my worldly goods will go to when I die and have no intention of using a money grabbing overpaid lawyer.
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