Modernising Jersey's succession and probate regime: Key changes under the 2026 amendment law

With its roots in 13th century Norman customary law, which has gradually been combined with modern statutory law, Jersey's succession and probate regime can be confusing, complex and occasionally archaic.

Although various amendments in recent years have sought to update some areas of the Island's law, the latest statute, the Wills and Successions and Probate (Jersey) Amendment Law 2026 (the "2026 Law") serves to bring Jersey's succession and probate regime into closer alignment with that of modern standards.

This briefing note covers the changes made by the 2026 Law to the Wills and Succession (Jersey) Law 1993 (the "Succession Law") and the Probate (Jersey) Law 1998 (the "Probate Law"), which came into force on 12 June 2026.

The 2026 law

There are three major changes, namely:

• Amendment to dower rights – surviving spouses or civil partners now have the legal right to the usufruit of the "matrimonial home" regardless of whether the deceased left a will or not.
• The rights of half-siblings and their descendants in any collateral succession on intestacy have been clarified.
• The ancient concept of the "principal heir" is now gender neutral.

As well as the above, there are also several minor changes which modernise the drafting of both the Succession Law and the Probate Law, as well as making certain consequential amendments to some of the Island's older laws, such as the Loi (1880) sur la propriété foncière, which forms the backbone of Jersey's property law.

Scope of dower rights

The most significant amendment to Jersey's succession regime is the modernisation of the Succession Law such that the surviving spouse or civil partner of a deceased will now be entitled to the life enjoyment (also known as 'usufruit') of the "matrimonial home" only, irrespective of the terms of the deceased's will. The ancient right of dower no longer extends to other immovable property owned by the deceased. This right mirrors the legal entitlement of a surviving spouse or civil partner under Jersey's intestacy rules.

Before the Amendment Law came into effect, dower gave the surviving spouse or civil partner an entitlement to claim a life enjoyment over one third of all immovable property owned by the deceased. This entitlement was problematic in practice, particularly in circumstances where a family own just one residential property which could not be sub-divided easily.

The change is intended to strengthen the protection of the surviving spouse or civil partner. It ensures that they are able to remain in the home which they shared with the deceased in circumstances where they have not inherited that property under the deceased's will. This would apply in circumstances where the deceased owned the property in their sole name, rather than the home being owned jointly by the deceased and their spouse or civil partner.

The amendments to the Succession Law equalise the position under both testacy and intestacy. In both cases, the surviving spouse or civil partner will always be entitled only to the usufruit of the matrimonial home.

In practice, this means that on the death of one spouse, provided that the surviving spouse can demonstrate that their shared property constitutes a 'matrimonial' or 'civil partnership home' (as defined in the Succession Law) they will always be entitled to remain in that property for the remainder of their life.

Collateral succession

Where an individual dies intestate, without a surviving spouse or children, the estate passes to the 'collateral' heirs, which can include full siblings and half-siblings.

The Amendment Law clarifies the rights of half-siblings. In collateral succession on intestacy for both movable and immovable estate, a full sibling is entitled to a whole share and a half-sibling is entitled to a half share.

For example, if a person has died intestate, and they leave behind no relatives but a sister and half-brother surviving them, the half-brother would have a claim to one-third of each of the movable and immovable estate, whilst the sister would have a claim to two-thirds of each.

Rights of principal heir

The amendments further provide that the legal concept of the "principal heir" is now gender neutral. Before the amendment came into force, the definition of "principal heir" in customary law was the eldest male descendant of the deceased in preference to any female descendants.

Although most of the ancient rights and powers afforded to the "principal heir" have been largely eroded by previous amendments to the Succession Law, they were still given preferential legal authority to take legal possession of the movable assets before a personal representative being appointed or to apply for either a grant of probate or letters of administration. This was a privileged authority conferring the right to administer the deceased's estate, and so this power is not only important sentimentally, but also provides a significant practical benefit.

Article 10 of the Amendment Law updates the definition of "principal heir", such that it now applies to the eldest child of the deceased regardless of their gender. This prevents the situation where an older daughter of the deceased is unable to administer their parent's estate as the right has instead passed to a younger son of the parent.

Discretion to grant probate to a suitable individual

Article 14 of the Probate Law has been updated to broaden the discretion of the Judicial Greffier and the Inferior Number of the Royal Court to grant probate and to issue letters of administration to individuals who are not legally entitled, but who are most appropriate under the specific circumstances. This provides flexibility and avoids delay in circumstances where the person who is legally entitled to apply for probate is unable or unwilling to act.

Key takeaways for clients

In light of the changes to dower rights, spouses and civil partners should carefully consider the following:

• Whether the property in which they live together satisfies the definition of the "matrimonial home" or "civil partnership home" under the Succession Law. This will determine whether a surviving spouse or civil partner is entitled to benefit from the new statutory right.
• Whether any existing wills covering immovable property remain consistent with their wishes and operate effectively alongside the revised dower provisions.

The amendments relating to collateral succession are likely to be most relevant to individuals in "blended" families, as well as those who are unmarried widowed and childless and who have not yet made a will covering their movable and immovable estate. Such persons should consider making a will.

The Amendment Law is not retrospective. Accordingly, the estates of individuals who died before 12 June 2026 remain subject to the law in force at the date of death.

It is important to remember that these changes may affect wills that have already been prepared and executed. This is because a will "speaks from death" rather than from the date of execution. In other words, a will is interpreted in accordance with the law in force at the date of the testator's death, rather than the law in force when it was signed. We would recommend that a testator reviews his or her wills periodically for that reason.

How Carey Olsen can help

Should you have any queries or concerns regarding these changes and how they may affect your estate planning arrangements, please do not hesitate to contact one of our experts in the trusts and private wealth team.

Whether you would like to review your existing wills, put new wills in place, or simply arrange a meeting to discuss your estate planning options, we are always happy to help.