The laws in various countries vary with regards to movable assets, for example in Jersey a will of movable assets can be subject to a claim for reduction ad legitimum modum in the case where a surviving spouse, civil partner or child may not be receiving their lawful entitlement.

Sinels offer insight into the legalities and technicalities of will disputes and can advise on the best course of action from whichever perspective our client holds.

No Will

When a person dies leaving no will or an executed will is found to be invalid, the laws of the state in the country of a person’s domicile will be applied to the movable assets and possibly the immovable assets.

Sinels advises on appropriate courses of action including challenges to an executed will or applications for probate in respect of assets that belonged to the deceased.

Cross-Border Considerations

While the legal requirements for probate for British domiciled individuals may seem similar, there are three separate legal jurisdictions within the United Kingdom, three crown dependencies (including Jersey), and seventeen British Overseas Territories. Civil Law countries, i.e. Europe and beyond have totally different systems. Appointing a good legal team like Sinels in Jersey can help you to gain clarity around the legal and tax implications as they relate to the deceased estate.

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Our Wills & Contentious Probates Services

Will Disputes

Disputes regarding the will of a loved one who has died can arise through either a conflict among the beneficiaries of an estate or through an executor’s apparent incapacity or failure to act in accord with the wishes of the deceased or adhere to the requirements of probate. Sinels can be a calm presence and advisory stalwart in the most contentious of will disputes, even those involving bitterness, hostility, coercion and fraud, all of which we have experienced.

Advice on the Duties and Rights of Executors and Beneficiaries

Given the responsibility for distribution of a deceased person’s estate which may cover assets in a number of countries, may involve debt and expenses, and may require court filings in multiple jurisdictions it is a commitment not to be taken lightly. In understanding the rights and duties of both executors and beneficiaries in the settlement of deceased estates, Sinels is a trusted ally.

Probate Applications

Private wealth and the affairs of wealthy individuals and families often have an international dimension. There are often quite significant undertakings to fulfil the last wishes of a loved one’s estate including, in Jersey and similar jurisdictions, applying for a Grant of Probate. For the appointed person, this provides the legal right to administer the estate. This process is commonly referred to as probate.

Will Drafting

The formal process of drafting a will is more than a matter of reducing a person’s wishes to writing. Sinels will advise on the implications and wisdom of provisions with regards to administrative expenses, clarity of language, and on outcomes which are, and which are not within a person’s control once they have passed over.