Legitime - forced heirship or movable property

Légitime (forced heirship of movables)

Légitime is Jersey’s form of forced heirship. It protects close family members from being disinherited, but it only applies to movable property such as bank accounts, investments, vehicles, personal belongings, and many share-transfer apartments.

If a will leaves too much of the movable estate away from a spouse, civil partner or children, those entitled can ask the Royal Court to reduce the will ad legitimum modum so that they receive their proper share.

Who can claim légitime?

• Spouses and civil partners
• Children (including adopted children)

Is it automatic?

No. A claim must be made in the Royal Court within a strict time limit.

Time limits

 A claim to reduce a will ad legitimum modum must be brought within a year and a day of the Jersey Grant of Probate or Administration.

By contrast, a claim for rapport à la masse (bringing lifetime gifts back into account) must be brought within a year and a day of the date of death. (In the matter of the Representation of the Heirs of Mauger (2016)).

What are the shares?

For estates where a will has been made:

• Spouse/civil partner but no children: household effects + two-thirds of the net movable estate.
• Spouse/civil partner and children: spouse receives household effects + one-third, children share one-third, and one-third is freely disposable.
• Children only (no spouse/civil partner): two-thirds to the children, shared equally.

Pensions and death benefits

Many pensions and death-in-service benefits are held on trust or paid under scheme rules, and often fall outside the estate. Whether they are subject to légitime depends on the scheme — specialist advice is needed.

Can you contract out of légitime?

Spouses: It may be possible to waive légitime rights in a properly drafted contrat du mariage (nuptial agreement). Whether such agreements are effective will depend on the circumstances and drafting.

Children: It is unclear whether children can validly contract out of légitime; the point has not been tested in Jersey.