Jersey law abolishes the concept of illegitimacy

A recent change to Jersey law removes the long-standing legal distinction between "legitimate" and "illegitimate" children. This briefing outlines the implications these changes have for succession, wills and trust planning in Jersey.

The Civil Status (Abolition of Legitimacy Etc) (Jersey) Law 2025 (the Law), which came into force on the 24 November 2025, abolishes the outdated concept of "illegitimacy" and ensures all children in Jersey enjoy equal rights, regardless of their parents' marital status.

Prior to this, only children whose parents were married and in a mixed-sex relationship were considered "legitimate" at birth. This meant that roughly 50% of children born in Jersey had an "illegitimate" status, purely based on their parents' legal union.

Article 1 of the Law, in removing the distinction between "legitimate" and "illegitimate", acknowledges the diversity of family units today and removes any inequalities associated with the status of illegitimacy.

There have long been developments to modernise legislation and advance the rights of children and their families. Research leading up to the reform showed that there were "very few areas of Jersey Law where legitimacy status was still relevant for conferring material rights". The Wills and Successions (Amendment) (Jersey) Law 2010 allowed for equal rights of succession for illegitimate and legitimate children, with the exception of manorial rights, hereditary titles and coats of arms. The latter continue to be unaffected by the Law, so legitimacy status will still be relevant for their succession.

The change will not affect the succession of a person who died before 24 November 2025. It will also not apply to trusts established before that date, even where those trusts expressly exclude illegitimate children. Wills that were executed prior to the commencement of the Law will be interpreted in accordance with article 1 and should be reviewed to ensure they still reflect the testator's intentions.

Most existing wills already define "children" and "issue" to include legitimate, illegitimate and legitimated children. In those cases, no action is required (these clauses will no longer be relevant in new wills). The difference will be where the intention was to exclude illegitimate children – in such cases the wording should be reviewed and clarified to avoid ambiguity.

Similarly, new trusts or transfers from existing trusts that previously excluded "illegitimate" children will require precise drafting. Instead of referencing legitimacy, the drafting will need to use other, clear criteria to define exclusions.

How Ogier can help

Ogier’s Local Legal Services team in Jersey supports clients with their succession planning, estate planning and will preparation. For advice on how this change may affect you, contact one of our experts.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

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