Registration of wills of Immovable Estate

Registration of a will of Immovable Property

In Jersey, immovable property (real estate such as freehold land and houses) passes to beneficiaries by registering the will in the Public Registry. There is no executor of immovable estate — registration itself effects the transfer of title.

What this means in practice

 Until the will is registered, beneficiaries do not have legal title and cannot sell or mortgage the property.

 The will must be formally lodged in the Public Registry to complete the transfer.

Stamp duty and fees

Stamp duty is generally payable on the date-of-death value of the property, together with a court fee. However, there are important exemptions, including:

• Where the property is the matrimonial or civil partnership home and is left to the surviving spouse or civil partner — its value is disregarded for duty purposes. 
• Where the will mirrors the intestacy provisions (i.e. it leaves the property to the same heirs in the same shares as if no will existed) — only an administrative fee applies.

We will confirm which rules apply in your case, arrange any necessary valuations, and handle all aspects of registration with the Public Registry.

How we can help

• Preparing and lodging the will for registration
• Advising on exemptions and duty calculations
• Coordinating valuations if required
• Providing registered copies once complete

Simon Lofthouse and Advocate Elizabeth Le Guillou are expert private client lawyers and will be able to assist with you local Jersey and international enquiries. We are efficient, friendly and happy to help so please do not hesitate to contact us. 

For a FREE 30 minute consultation with one of our lawyers, please email privateclientteam@corbettlequesne.com or call 01534 733030.