Guernsey's Inheritance Law Reforms To Come Into Force In Early May

by Carla Johnson, Investors Offshore.com, London

23 April 2008

It has been announced by the Government of Guernsey this week that the Law Reform (Inheritance and Miscellaneous Provisions) (Guernsey) Law, 2006, which was registered in the Royal Court on 7th April, 2008, will come into force in the Island on 7th May, 2008.

According to the States authorities, five main subjects are covered by the new Law:

• The removal of discrimination against illegitimate children in inheritance;
• The introduction of a scheme of administration of inherited real property where ownership is uncertain;
• Minor reform of formalities for making wills;
• Reducing the period in which claims can be made against the owners of real property which has been acquired from heirs; and
• The abolition of retrait lignager (an ancient right which enabled certain blood relatives of the seller of real property to bring proceedings to be constituted owner in place of the purchaser within one month of the sale on payment of compensation).

The 2006 Law only applies in Guernsey.

Alderney and Sark have their own laws of inheritance, which are not affected by the 2006 Law.

The government explained that the 2006 Law is important for people in Guernsey because it affects how inheritance of real and personal property works.

Real property consists principally of land and houses. Personal property includes people’s savings and investments and other personal possessions such as cars and furniture.

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