JEP Legacy Focus

21st October 2025

Image: Private Client Team at Corbett Le Quesne

Simon Lofthouse, Head of Private Client wrote this article for the annual JEP legacy issue: 

Making a will: Avoiding the common pitfalls

Postponing the decision to make a will is a common mistake. For most of us the thought of dying is uncomfortable and every day demands, the cost, fear of family conflict and uncertainty over how to divide assets all put us off. But a will is one of the most personal documents you will ever make. Done well, it reflects your values, protects your family, and leaves a legacy of clarity rather than confusion. In Jersey especially, with its unique legal traditions, taking the time to make a proper will is not a burden, it is a gift to those you love.

Pitfall one: Dying intestate (without a will)

If you die without a will in Jersey, your estate is distributed according to rigid rules set out in local law. For example, unmarried partners are not automatically recognised and step-children have no rights unless specifically included. This process can leave loved ones surprised or disappointed.

Pitfall two: Outdated wills

Marriage, divorce, new children, or the purchase of property are all reasons to update a will. Yet people frequently fail to revisit their will and an outdated will can be almost as disruptive as not having one, cutting out new family members or leaving assets to people no longer part of your life.

Pitfall three: Complexity and ambiguity

Wills should be as simple as possible and the wording should be clear and precise. Vague wording such as “I leave my car to Fred” when you own several cars can result in confusion and even a dispute amongst your beneficiaries.  

Pitfall four: Not understanding Jersey’s unique system

Jersey law is different from English law in several important respects. Jersey law distinguishes between movable and immovable property and a separate will is required for each. A Will of Movable Estate covers personal property such as money, investments, jewellery, cars and chattels and share transfer apartments.  A Will of Jersey Immovable Estate covers land, houses and flying freehold apartments. The formalities for signing each differ and it is very important that you take legal advice to ensure that your will is valid.

Pitfall five: DIY wills

With online templates available, it is tempting to write a will yourself. While it may save money in the short term, it can prove very costly for your estate later. A UK template, errors in wording, failure to meet witnessing requirements or overlooking tax implications can invalidate all or part of a will. Worse still, disputes may arise that divide families. Professional advice should always be sought.

Pitfall six: Overlooking executors

Executors carry out your wishes and deal with the practicalities of your estate yet many people give the role little thought, or appoint someone unsuitable. An executor who is too old, too distant, unwilling or not up to the task can make the administration of an estate a drawn-out ordeal.

Are you ready, willing and able to make a will? Corbett Le Quesne offer free 30 minute consultations with senior lawyers. Call 733030 or email privateclientteam@corbettlequesne.com