The Wills & Successions (Amendment No.2) (Jersey) Law 2013
("Amendment No.2") came into force on 1 January 2014.
Amendment No.2 removes the remaining inequality between genders on a testate death (i.e. dying with a will) and, further, ensures that the conditions which apply to qualify for the right to a life enjoyment of immovable property are not only the same for both spouses, but also for civil partners.
In summary, following the coming into force of Amendment No.2, if a spouse or civil partner dies testate on or after 1 January 2014 then their surviving spouse or civil partner will have a right to a life enjoyment of one third of their deceased spouse's or civil partner's immovable estate (otherwise known as a 'dower' right) upon making an application for dower to the Royal Court of Jersey, subject to any conditions under the Wills & Successions (Jersey) Law 1991 as amended.
Viduité has been abolished and, accordingly, there is no longer a requirement for there to be a child of a marriage in order for a widower to have a life enjoyment of his deceased wife's immovable estate.
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