Knowledge

Introduction

Reforms to Jersey's law on wills and succession have given greater protection for surviving spouses or civil partners, abolished the status of male heirs as "principal heirs" ahead of older sisters, and given consistency to the inheritance rights of "half-blood" relatives.

The changes, which are now in force, do not settle the ongoing debate about forced heirship provisions, but they make important modernising steps for Jersey law.

The changes are contained in the Wills and Successions and Probate (Jersey) Amendment Law 2026 (the "Law"), which came into force on 12 June 2026 and amends the Wills and Successions (Jersey) Law 1993 and the Probate (Jersey) Law 1998.

Reform of surviving spouses' and civil partners' dower

Previously, where a deceased spouse died "testate" (with a will) as to immovable estate (buildings and land), the surviving spouse's entitlement was typically a right of life enjoyment over one-third of that estate ("dower"). The Law now redefines dower rights so that the surviving spouse or civil partner is entitled to a usufruct (the right to use) of the entire matrimonial home or civil partnership home, rather than one-third of all immovable property.

The Law has aligned dower with the existing rights on "intestacy" (where the deceased does not leave a will) which already provided that a surviving spouse or civil partner is entitled to life enjoyment of the matrimonial or civil partnership home. By way of further protection, the new law provides that consent is not required for the transfer of a qualifying lease pursuant to these provisions.

These practical changes are likely to reduce difficult family conflicts, as modern families typically own a single home that cannot realistically be divided into thirds. The previous dower regime could therefore generate disputes between surviving spouses and heirs.

Gender-neutral principal heir

The "principal heir" used to be the eldest male heir, with the eldest female heir assuming that status only where no male heir existed. The Law provides that the principal heir is the eldest heir regardless of gender.

The privileges of the principal heir have been reduced over successive changes to the law, but principal status still empowers the heir to take legal possession of property and to obtain the grant of probate in preference to other heirs if a person dies without leaving a spouse or civil partner.

"Half-blood" and "whole-blood" relatives

The distinction between "whole-blood" and "half-blood" relatives was previously settled in relation to immovable property but not consistently in movable property. The Law now provides that in collateral succession (inheritance by relatives who are not spouses/civil partners or direct descendants of the deceased, such as siblings, nephews, nieces or cousins), "whole-blood" relatives take a whole share and "half-blood" relatives take a half share in both movable and immovable property successions.

Probate law amendments

The Law broadens the discretion of the Probate Registry when appointing an administrator of an intestate estate or executor dative (a person appointed by the Royal Court to administer an estate) in testate cases. It expands the ability to appoint persons other than those otherwise entitled to the grant, based on "relevant circumstances" where necessary, convenient, or appropriate.

This will be useful where, for example, the principal heir is unsuitable and administration by another family member would be more sensible.

Key takeaways

• Dower is now focused on the whole family home, not one-third of all immovable property.
• Principal heir status is now gender-neutral.
• Half-blood relatives' rights have been clarified and extended to movable property.
• Probate administration provisions have been made more flexible.

Whilst welcome, the reforms are evolutionary rather than revolutionary. They do not address wider issues concerning the continuing discourse as to whether Jersey should move away from forced heirship toward complete testamentary freedom.