Jersey Wills, Succession and Probate reforms: what they mean in practice

The Wills and Successions and Probate (Jersey) Amendment Law 2026 (the 2026 Amendment) came into force on 12 June 2026. It amended both the Wills and Successions (Jersey) Law 1993 and the Probate (Jersey) Law 1998. 

The reforms aim to modernise several longstanding succession rules and provide greater flexibility in estate administration, helping to ensure the law better reflects modern family arrangements and practical estate planning needs. 

In this briefing, we outline these key changes and what they mean for you. 

Wills and Successions (Jersey) Law 1993  

Previous position 

Before the 2026 Amendment, dower was a historical Jersey succession right giving a surviving spouse or civil partner life enjoyment of part of the deceased's immovable estate. That right traditionally extended to one third of the deceased's immovable estate where the deceased died testate as to immovable property.

This approach reflected older customary law concepts but sat uneasily with the practical reality of modern family ownership structures in Jersey, particularly where the principal asset was a single-family home. The previous framework also retained a number of historical distinctions, including the following: 

• different treatment of full and half-blood relatives in collateral intestate succession 
• separate rules affecting immovable and movable property 
• a sex-based rule in determining the "principal heir" 

The result was a framework that remained workable but had become increasingly out of step with contemporary estate planning and family arrangements. 

What has changed 

The flagship amendment is the reform of dower. Instead of extending to one third of the deceased's immovable estate, dower is now limited to a usufruit, or life enjoyment, of the whole matrimonial home or civil partnership home. It no longer extends to any other part of the deceased's testate immovable estate.

The associated dower provisions have also been reorganised to reflect the revised definition and operation of dower, including how references to dower or douaire in enactments and dispositions are to be interpreted. The amendments otherwise preserve the existing legal framework governing the nature and operation of the life enjoyment right. 

The reforms go further than dower alone. In particular: 

• the rule governing half-blood collateral succession now applies across succession to both movable and immovable property: half-blood relatives take half shares, while whole-blood relatives take whole shares 
• the rules concerning spouses and civil partners living apart have been clarified 
• Article 14D removes sex-based priority in determining the principal heir, so that priority is no longer determined by gender 

Taken together, these changes modernise a number of older customary-law concepts while retaining the core structure of Jersey succession law.

Practical effect 

From an estate planning and estate administration perspective, the most immediate practical consequence is a sharper focus on the family home. Where immovable property is concerned, advisers, executors and families will need to consider: 

• whether the relevant property falls within the statutory definition of a matrimonial home or civil partnership home 
• whether it has been left outright to the surviving spouse or civil partner 
• whether the statutory life enjoyment right applies

The reforms should also make certain succession outcomes easier to understand and administer in practice. In particular: 

• the revised dower regime is better aligned with the reality that many families’ principal Jersey asset is a single, indivisible home 
• the revised half-blood rule applies across both movable and immovable property 
• the clarification of the living-apart provisions should reduce uncertainty in more difficult family situations 
• the abolition of sex-based priority for the principal heir removes an outdated distinction from the succession framework 

More broadly, existing wills and succession plans should be reviewed against the new regime, particularly where they involve immovable property, blended families, half-blood relatives or assumptions based on older heirship concepts. 

Probate (Jersey) Law 1998  

Previous position 

Before the reforms, the law governing grants of administration and grants as executor dative was more constrained in cases where the person technically entitled to the grant was not the most suitable person to act. 

Under the earlier formulation of Article 14, the discretion to make such a grant to someone other than the person otherwise entitled depended on the existence of "special circumstances". That language suggested a relatively high or exceptional threshold. In practice, it could limit flexibility in estate administration cases where there was a sound practical reason to appoint someone else, but the circumstances were not easily characterised as "special".

What has changed 

The amendments to the Probate Law are narrower than the succession reforms, but they make an important adjustment to Article 14. 

The discretion of the Judicial Greffier and the Inferior Number of the Royal Court has been broadened so that a grant as administrator or executor dative may be made to someone other than the person otherwise entitled where, because of "relevant circumstances", that is necessary, convenient or appropriate.

This is a meaningful drafting change. It moves the test away from a more exceptional standard and gives the probate authorities greater flexibility to appoint a different person where that is more appropriate. 

Practical effect 

In practical terms, the amendment gives the probate authorities greater flexibility in difficult or imperfect estate administration cases, including where the person otherwise entitled to the grant may be unsuitable to act, unavailable, conflicted or unwilling to take on the role. It may also allow a limited grant to another person where it would better protect the estate or facilitate an orderly administration. 

Although the amendment does not alter the overall probate framework, it should help reduce procedural difficulty in cases that do not fit neatly within the standard entitlement rules for administrators or executors dative. 

Conclusion 

The reforms introduced by the 2026 Amendment are focused rather than far-reaching, but they are significant in practice. 

The amendments to the Wills and Successions (Jersey) Law 1993 modernise Jersey succession law by recasting dower around the family home, clarifying the position of spouses and civil partners, extending the half-blood rule across movable and immovable property, and removing sex-based priority in determining the principal heir. 

The amendments to the Probate (Jersey) Law 1998 are narrower, but they sensibly broaden the probate authorities' discretion to deal with cases where the person otherwise entitled to a grant as administrator or executor dative is not the right person to act. 

How Ogier can help 

Ogier's specialist Jersey Estate Planning, Wills and Probate team can assist with reviewing wills and succession planning, advising surviving spouses, civil partners and heirs on the practical effect of the reforms, and guiding executors, administrators and families through Jersey probate issues, including where entitlement to a grant or the administration of an estate is not straightforward. 

Contact partner Henry Wickham to learn more.

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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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