Inheritance • Background information • Types of Estate, Spouse/Civil Partners, Children (slides 3 to 6) • Immovable Estate • Intestacy , testacy, periods of enjoyment of property (slides 7 to 11) • Movable Estate • Jointly held assets, Intestacy and testacy (slides 12 to 14) • Reducing a Will (slide 15) • Contents of a Jersey Will (slides 16 & 17)
Law Made Simple Inheritance Presentation by Michelle Leverington
Jersey Estates Movable Estate Jersey Immovable Estate Only covers land in Jersey Bank Accounts Bricks and mortar Shares (including share transfer property) Land Jewellery Charges registered over land in favour of the deceased Cars Boats
Spouse/Civil Partnership Art 8 - Wills & Succession (Jersey) Law 1993 • In order to inherit a spouse/civil partner must: – be residing with the deceased – living as a couple not merely sharing a property – if they are not then there must be no judicial separation and the surviving spouse must not have deserted the deceased without just cause
Children and Remoter Issue • Since January 2011 illegitimate children treated in the same way as legitimate • If child has died leaving children or grandchildren then their issue can claim their deceased parent ’ s share ‘ a la representation ’ . They must bring their claim within a year and a day
Minor Children • Jersey Courts provide for Tutelles to manage finances • Committee of 6 Electors plus Tuteur to manage finances and make decisions • Property can only be sold with authorisation of the Court • Accounts to child on 18 th birthday – 6 months to object to way Tutelle has been run • Can name Tuteur and/or Electors but Court ’ s discretion whether to appoint them • Can name a suggested guardian for the children but again in Court ’ s discretion – children ’ s services likely to be involved in decision making
Immovable Property: Intestacy The Deceased was: Married with Children: Spouse and children in equal shares Unmarried, Widowed or divorced leaving children : children in equal shares Unmarried person leaving children, who died after 29 Jan 2011 : children will share equally as illegitimate children have same rights as legitimate children so share equally
Immovable Estate : Intestacy • The Immovable Estate is held automatically by the heirs at law and they need take no further action : they are already the legal owners • If Immovable Property is owned jointly it may pass to the survivor : check terms of purchase contract to verify terms of ownership • If heirs at law are distant relatives then property may pass to one side of the family rather than the other depending upon how land acquired by the deceased
Immovable Estate : Testate • Will must be registered in the Public Registry for those named to own the property • Stamp Duty depends on who inherits – if it is heirs at law then a significant discount • Spouses must leave life enjoyment of the matrimonial home to their surviving spouse, but children have no claim to Immovable Estate • Spouse can nominate to take cash alternative – franc dower
Period of Enjoyment – Rights and Obligations • ‘ Tenant ’ must : – Up keep property - excluding grosses réparations – Pay buildings insurance – Permit annual inspection – Draw the benefit (ie rental, crops) • ‘ Tenant ’ may not: – Change nature of land or damage it
Reversionary Owner – Rights and Obligations • Pay for structural or major exterior works • May sell but subject to life enjoyment • Annual inspection but not in person • Receive property at end of enjoyment in same condition as start • Seek termination if ‘ tenant ’ not maintaining the property
Movable Estate Jointly Held Assets Usually pass automatically to survivor : May depend on terms of bank mandate May be open to attack by heirs claiming half of the balance - treated as a gift to Joint account holder
Movable Estate : Intestacy Art 7 Wills & Succession (Jersey) Law 1993 Married without children – all to spouse ______________ Married with children – First £30,000 and household effects to spouse Balance split half to spouse half between children ______________ Unmarried, widowed or divorced with children Split equally between the children
Movable Estate – Testate Art 7 Wills & Succession (Jersey) Law 1993 Legitime Unmarried with no children Free disposition Married with no children Spouse entitled 2/3 rd Free disposition over 1/3 rd Married with children Spouse entitled to 1/3 rd Children (as a group) entitled to 1/3 rd Free disposition over 1/3 rd Unmarried, Divorced or widowed with children Children entitled to 2/3rds Free disposition over 1/3 rd
Reducing a Will • Those disinherited by most recent Will – deceased did not have capacity – earlier Will deemed valid • Allegation Will registered not most recent and more recent Will made • Will does not comply with requirements to be valid (ie witnesses to Will not appropriate) • Movable Will : claim for legitime • Must bring a claim within a year and a day
Jersey Wills • Recommend separate Wills for each type of asset (ie Movable/Immovable) • Different requirements for completion • Both types require two independent witnesses over 18 years ’ old • Immovable Will must be read aloud and witnesses by Jersey lawyer, States Member or Jurat. • If signed overseas then a notary may witness
Contents of Jersey Will • Testator ’ s name and address • Revoke previous Wills • Appoint an Executor • Confirm Executor to pay debts, expenses and own professional fees • Leave specific legacies or gifts • Residue Clause with provision if those beneficiaries have predeceased
Living Wills/Advance Directives Alexandra Baker
What is as a Living Will/Advance Directive?
If I don ’ t have an Advance Directive? • In these situations, where a patient lacks capacity doctors must act in your best interests (GMC 1998). If I have an Advance Directive? • The Advance Directive lets you indicate that you want to refuse certain types of medical treatment in certain situations. • It must be respected by medical professionals providing your care, whether or not they think it ’ s in your best interests. The difference between an Advance Directive and Advance Statement • Advance Directives let you refuse certain types of treatment, advance statements cover any other decisions about how you would like to be treated.
Advance Statement or Advance Directive? 1 “ I do not wish to go into a nursing home ” - a requesting statement giving someone's individual wishes and preference. 2 “ I am a Christian and wish to be treated according to Christian values ” – a statement of general beliefs and aspects of life which someone values. 3 “ Please consult my Daughter Isabelle ” - a statement naming someone who should be consulted at the time a decision needs to be made 4 “ In the event of cardiac arrest, I do not want to be resuscitated ” - a clear instruction refusing some or all medical treatments. This is known as an advance directive. 5 “ I would like to receive all chemotherapy possible for the cancer ” A statement requesting certain types of treatment that someone would want to receive in certain circumstances; or 6 “ Should my dementia get so bad that I do not remember my family, I do not wish to receive CPR ” - a statement setting out a degree of irreversible deterioration after which no life sustaining treatment should be given.
Limitations of the Advance Directive An Advance Directive cannot: • Ask to withhold ‘ basic care, ’ defined by the British Medical Association (BMA) as ‘ procedures essential to keep the individual comfortable, e.g. warmth, shelter, pain relief and the management of distressing symptoms ’ • Authorise a doctor to do anything unlawful e.g. Euthanasia • demand care the healthcare team considers inappropriate in your case • refuse the offer of food and drink by mouth • refuse basic nursing care that is essential to keep you comfortable such as washing, bathing and mouth care.
How Formal? • Only a properly written ‘ advance directive ’ is legally binding. • Oral Statement?
What details should an Advance Directive Contain? • Full name and Address. • Name and address of GP. • Whether advice has been sought from health professionals. • Signature. • Date drafted and reviewed. • Witness signature. – ideally someone independent • A clear statement of the patient's wishes, general or specific. (Source BMA Guidance) Also helpful to: • Ask your doctor or another relevant professional to sign a statement on the document stating that they have carried out an assessment of you and, in their opinion; you have the mental capacity to make the decision. • have the name, address and telephone number of any person that the patient would wish to be consulted about treatment in the event of mental incapacity. A proxy decision maker. -Their decisions will have no legal standing but views can be taken into account.
More recommend
