Estate planning · Guernsey
Find an estate planning lawyer in Guernsey
Guernsey law separates realty from personalty, and the island has no inheritance tax but does have its own probate process. Tell us what you own, where you are domiciled and who you want to provide for, and we match you with an Advocate who plans estates in the Bailiwick. Matching is free and carries no obligation.
- Wills of realty and wills of personalty, drafted for Guernsey law
- Probate, succession and claims against a Guernsey estate
- Advocates admitted to practise throughout the Bailiwick
Free matching · No obligation · Replies usually within 24–48 hours
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Estate planning in Guernsey
Why Guernsey estate planning does not follow English patterns
Guernsey is a Crown Dependency with its own legislature, its own courts and its own body of law, so estate planning here does not simply reproduce English practice. The island’s private law rests on Norman customary law, and it separates realty from personalty: land and buildings are dealt with under one will, cash, shares and movables under another, and only the will of realty forms part of the public title record at the Greffe. Probate is not required for Guernsey realty, and the island has no inheritance tax regime, yet the administration of personalty depends on domicile and a probate tariff applies. If you own property, hold assets or have family in the Bailiwick, an estate planning lawyer in Guernsey can map your position and prepare documents that work across Guernsey, Alderney and Sark.
Guernsey specifics
How estate planning works in the Bailiwick of Guernsey
Estate planning in the Bailiwick sits on a private law rooted in Norman customary law, expressed in English but still carrying French terminology and procedure. The points below set out how the pieces fit together in Guernsey, Alderney and Sark, using the verified facts for this jurisdiction.
Realty and personalty: two estates, two wills
Guernsey law draws a sharp line between realty — land and buildings — and personalty such as cash, shares and jewellery. A will of Guernsey realty forms part of the title to the property and is a document of public record at the Greffe, while a will of personalty is not open to public inspection. Practitioners therefore commonly advise two separate wills.
Testamentary freedom since April 2012
Guernsey has no inheritance tax regime, and the forced heirship rules that once restricted how an estate could be disposed of were abolished with effect from 2 April 2012 by the Inheritance (Guernsey) Law, 2011. That widens your freedom in drafting, but it also means the outcome depends heavily on the documents you actually put in place.
Probate, the Ecclesiastical Court and the tariff
Probate is not required for Guernsey realty, where title passes on death without an intervening procedural step. Administration of personalty depends on the deceased’s domicile, and the Guernsey probate process carries a tariff broadly equivalent to 0.35% of the value of the personal assets. Probate business is handled by the Ecclesiastical Court, where Advocates also act as Proctors.
Who may advise you in the Bailiwick
Advocacy in Guernsey is a fused profession: an Advocate acts both as instructing lawyer and as court advocate, performing in effect the roles that solicitors and barristers perform in England. Advocates of the Royal Court are admitted to practise the laws of Guernsey, Alderney and Sark throughout the Bailiwick. Lawyers who are not Advocates may practise under supervision but must state the jurisdiction in which they are qualified.
Claims against a Guernsey estate
Where someone seeks reasonable financial provision from an estate, the verified time limit for applying against that estate is six months from the date of death. Guernsey applies prescription rather than the English law of limitation, and prescription does not merely bar the remedy: it extinguishes the right of action as a matter of substantive law.
Costs, fees and access to legal aid
Advocates bill by hourly rates, and Guernsey’s Costs and Fees Rules cap the recoverable rates well below what is actually charged, so a successful party typically recovers only part of its spend. The Guernsey Legal Aid Service, administered by the States of Guernsey, can provide free or reduced-cost advice and representation where both a financial means test and a legal merits test are satisfied.
Key time limit — Inheritance, Probate & Wills
Succession and probate (claims for reasonable financial provision) — 6 months from the date of death. This is the window within which to apply against a Guernsey estate.
Every country-specific statement on this page is taken from official Guernsey court, Bar and States of Guernsey material and from published Guernsey practitioner guidance consulted in 2026.
- Appleby — The Legal and Court System in Guernsey
- The Guernsey Bar
- Royal Court of Guernsey — Advocates of the Royal Court
- Collas Crill — Prescription explained
- Bedell Cristin — Claims against estates in Guernsey
- Bedell Cristin — How Guernsey’s prescription rules differ from English limitation
- Chambers Practice Guide — Defamation and reputation management, Guernsey
- Ferbrache & Farrell — Prescription and limitation
- Royal Court of Guernsey — Matrimonial Causes
- Royal Court of Guernsey — Evictions
- States of Guernsey — Rent control guidance
- Royal Court of Guernsey — Court of Appeal practice and procedure
- Royal Court of Guernsey — Legal aid in the Bailiwick
- EEOS — Requirements in employment
Common situations
Where Guernsey estates usually become complicated
These are the patterns that most often bring clients to an Advocate in the Bailiwick.
Assets in two jurisdictions
You own Guernsey property and hold movable assets elsewhere, so you are unsure which document governs which asset and whether your existing will has any effect in the Bailiwick at all.
One will trying to do everything
A single will drafted abroad usually ignores the separation between realty and personalty, and a will of Guernsey realty becomes part of the public title record at the Greffe.
Family expecting automatic shares
Relatives often assume a spouse or child inherits a fixed portion by law, not realising that forced heirship was abolished in Guernsey with effect from 2 April 2012.
How we help
Matching you with the right Guernsey Advocate
You describe the situation once; we identify the practice that handles it.
Advocates, not general advisers
Guernsey advocacy is a fused profession. We connect you with Advocates of the Royal Court, admitted to practise the laws of Guernsey, Alderney and Sark throughout the Bailiwick.
Estate planning, not everything at once
Wills of realty and personalty, probate, succession and claims against an estate are distinct tasks. We route you to a practice that regularly handles the one you actually need.
A clear picture before you instruct
You learn how Guernsey treats realty, personalty, probate and prescription, so the first meeting with an Advocate starts from an informed position rather than from scratch.
Free and without obligation
Matching costs you nothing and commits you to nothing. You decide whether to instruct the Advocate we introduce, and on what terms.
Cross-border
Also matching clients with connections to
Guernsey sits close to several European jurisdictions, and estates frequently touch more than one of them. Where your matter crosses a border, tell us and we will look for a practice used to coordinating with advisers abroad.
Questions
Estate planning in Guernsey: frequent questions
I already have a will made in England. Do I need an estate planning lawyer in Guernsey?
If you own Guernsey realty, that property is governed by Guernsey law, and a will of Guernsey realty forms part of the title to it and is open to inspection at the Greffe. English drafting frequently does not account for the realty and personalty split, so it is worth having the position reviewed locally before relying on the existing document.
Does Guernsey have inheritance tax?
Guernsey has no inheritance tax regime, so no estate duty arises on that basis. There is, however, a tariff broadly equivalent to 0.35% of the value of the personal assets in the Guernsey probate process. Probate is not required for Guernsey realty, where title passes on death without an intervening procedural step.
What does an estate planning lawyer in Guernsey actually do?
An Advocate maps what you own and where, and advises on how Guernsey law treats it. Typically that means preparing a will of realty and a will of personalty, planning for the administration of personalty after death, dealing with probate before the Ecclesiastical Court, and handling or defending claims for reasonable financial provision from an estate.
How long do I have to make a claim against a Guernsey estate?
For a claim for reasonable financial provision against an estate, the verified period is six months from the date of death. Guernsey applies prescription rather than the English law of limitation, and prescription does not merely bar the remedy: it extinguishes the right of action as a matter of substantive law, so dates matter from the outset.
Are forced heirship rules still in force in Guernsey?
No. The rules that previously restricted testamentary freedom were abolished with effect from 2 April 2012 by the Inheritance (Guernsey) Law, 2011. Testamentary freedom now applies, which increases flexibility in drafting but also places greater weight on the documents you put in place and on keeping them current.
Can the same Advocate act for property in Alderney or Sark?
Advocates of the Royal Court are admitted to practise the laws of Guernsey, Alderney and Sark throughout the Bailiwick. Alderney and Sark nonetheless retain their own first-instance courts, applying the law of their own jurisdiction, so the practical steps can differ even when the same Advocate is instructed.
Next step
Describe your Guernsey estate and get matched
Tell us what you own, where you are domiciled and what you want to achieve. We will match you with a Guernsey Advocate who handles estate planning in the Bailiwick, free of charge and with no obligation to instruct.