Knowledge

In November 2025, Jersey completed a long‑anticipated reform by abolishing the legal concept of "illegitimacy". The Civil Status (Abolition of Legitimacy Etc.) (Jersey) Law 2025 (the "Law") ensures that all children are now treated equally under Jersey law, regardless of their parents' legal relationship.

This reform has practical and immediate implications for international clients with Jersey trusts, foundations, and wills that contain historic drafting reliant on the distinction between "legitimate" and "illegitimate" children. For some families, the default effect of the Law may be directly contrary to their dispositive intentions unless action is taken.

Rationale for the amendment

By the early 2020s, close to half of children born in Jersey were born to unmarried parents and were legally regarded as "illegitimate". This included children born into civil partnerships, long‑term cohabiting relationships, same‑sex families, and families formed through assisted reproduction or surrogacy arrangements.

Although legitimacy had become a status label with almost no remaining material legal effect (Jersey legislation had already been substantially updated in respect of parental responsibility and succession), the classification itself came to be seen as out of step with modern Jersey society, the evolving legal recognition of diverse family structures, and international law.

Effect of the amendment

The Law applies from 24 November 2025 onwards.

In broad terms, it does not retroactively alter legal instruments established before that date, even where they expressly refer to illegitimacy, nor does it affect the succession of any person who died before that date. Such instruments will be interpreted in accordance with Jersey law as it stood prior to the implementation of the Law.

The Law will, however, affect new instruments drafted after this date. It may also introduce uncertainty as to how future events will unfold under existing instruments.

Why this matters for international clients

Many international clients, particularly those from civil law or culturally conservative jurisdictions, have historically chosen to exclude certain categories of children, sometimes expressly by reference to legitimacy and sometimes implicitly. Where there is any lack of clarity, wording should be reviewed to ensure that it continues to have the intended effect under Jersey law.

By way of example, a trust deed may refer to its beneficial class as including "legitimate children", intending this to operate as shorthand for the exclusion of other children. Following the abolition of illegitimacy, such language may no longer achieve that result and may give rise to ambiguity.

In respect of new trusts, where a settlor wishes to exclude certain children who would previously have been described as "illegitimate", the relevant concepts will need to be expressly and carefully defined, and not defined by reference to Jersey law. It would also be prudent to ensure that drafting is sufficiently clear to limit the scope of trustee or executor discretion, particularly where decision‑makers may otherwise feel compelled to include additional beneficiaries on perceived public policy grounds.

Practical steps mitigating risk

Practical steps may include updating letters of wishes to expressly acknowledge the change in the legal landscape, replacing beneficial classes with named individuals, tightening beneficial class language to reduce trustee discretion, and limiting powers of addition.

Early review and clarity in this regard will help protect against the risk of costly claims, unintended benefit to previously excluded parties, and the airing of sensitive private family matters in public court proceedings.

Clients are encouraged to contact us to review their trusts, foundations and will documentation to ensure that their original intentions continue to align with their legal effect under the new regime.