Wills & succession · Guernsey

Wills lawyers in Guernsey who work with realty, personalty and the Greffe

Guernsey is a Crown Dependency with its own legislature, its own courts and its own law of succession. We help you find a wills lawyer in Guernsey — an Advocate of the Royal Court — whether you are drafting a will, dealing with an estate or disputing one.

  • Advocates of the Royal Court, admitted for the whole Bailiwick
  • Wills of realty and of personalty handled as two separate documents
  • Free matching, no obligation, first reply usually within 24–48 hours

Free matching service. We do not give legal advice — we connect you with an Advocate who practises in this area.

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Why this page exists

Finding the right wills lawyer in Guernsey

Guernsey is not part of the United Kingdom. It is a Crown Dependency with its own legislature, its own courts and its own body of law, and that shapes everything about how a will works here. Realty and personalty are treated as two separate estates, probate sits with the Ecclesiastical Court, and records are kept at the Greffe. For families with property, shares, a trust interest or relatives abroad, the drafting decisions matter long before anyone dies. Wills lawyers in Guernsey — Advocates of the Royal Court — advise on testamentary freedom, the two-will structure, executors and the practical steps after a death. Tell us briefly what you need and we will match you with an Advocate who handles wills and succession in Guernsey.


Guernsey specifics

How wills and succession work in Guernsey

Guernsey private law grew out of the Norman customary law of the Duchy of Normandy, with English common law grafted on over more than a century, and it applies across Guernsey, Alderney and Sark. For wills and estates this produces a structure that clients from England often find unfamiliar, so it is worth understanding the essentials before you instruct anyone.

Two wills, not one

Guernsey law distinguishes sharply between realty (land and buildings) and personalty (cash, shares, jewellery and other movables). A will of Guernsey realty forms part of the title to the property and is a document of public record, inspectable at the Greffe. Practitioners therefore commonly advise two wills, one of realty and one of personalty, so the movable estate stays private.

Probate, the tariff and no inheritance tax

Probate is not required for Guernsey realty: title passes on death without an intervening procedural step. Administration of personalty depends on the deceased’s domicile, and a Guernsey probate process requires payment of a tariff broadly equivalent to 0.35% of the total value of the personal assets. Guernsey has no inheritance tax regime.

Testamentary freedom since 2012

The forced heirship rules that once restricted what a testator could do with their estate were abolished with effect from 2 April 2012 by the Inheritance (Guernsey) Law, 2011. If you are reviewing an older Guernsey will, or one drafted elsewhere against a background of forced shares, its effect under the current law is a question worth putting to an Advocate.

Who may act for you

The profession in Guernsey is fused: an Advocate performs in effect the roles that solicitors and barristers perform in England, acting as instructing lawyer and court advocate. Advocates of the Royal Court are admitted to practise the laws of Guernsey, Alderney and Sark throughout the Bailiwick, and also act as Proctors before the Ecclesiastical Court, which deals with probate and faculties.

Courts that hear estate matters

The Ecclesiastical Court handles probate and faculties, while civil claims relating to an estate come before the Royal Court, whose Ordinary Court exercises the general civil jurisdiction. A claim against an estate for reasonable financial provision must be brought within six months of the date of death. Civil appeals generally lie as of right to the Guernsey Court of Appeal, subject to statutory restrictions.

Costs, and support with legal aid

Advocates bill by hourly rates, and the recoverable rates are capped by Guernsey’s Costs and Fees Rules — GBP 351 per hour for Advocates and GBP 235.17 for associates — so a successful party typically recovers roughly 60% to 70% of actual spend. The Guernsey Legal Aid Service provides free or reduced-cost advice and representation, subject to a means test and a merits test.

Key time limit — Inheritance, Probate & Wills

Claims against an estate for reasonable financial provision — 6 months from the date of death within which to apply. This is the succession deadline most often relevant to families disputing a will.


Common situations

What people bring to a Guernsey wills lawyer

Most enquiries about wills and estates in the Bailiwick start from one of these three problems.

01

Property here, family elsewhere

You own a house or land in Guernsey but live, or your children live, in the UK or mainland Europe. The interaction between a Guernsey will of realty, a foreign will and the law of your domicile needs to be looked at together.

02

An estate that will not move

Executors are stuck on the administration of personalty, the Greffe formalities or the tariff payable on the personal assets, and no one is sure what has to be filed, by whom, or in what order.

03

A will you want to question

You believe a Guernsey will does not reflect what the deceased intended, or that you should have been provided for. Claims against an estate are subject to their own short deadline, so timing matters from the outset.


How we help

Matching you with the right Advocate

We are a matching service, not a law firm. Here is what that means in practice.

Advocates, not generalists

Every lawyer we match you with in Guernsey is an Advocate of the Royal Court, admitted to practise the laws of Guernsey, Alderney and Sark, and working in wills, probate or estate disputes.

One short brief, no repetition

You describe your situation once. We pass that description to the Advocates whose practice fits it, so you are not explaining a Guernsey estate from the beginning on every call.

Clear about costs before you commit

Guernsey Advocates bill by hourly rates, and recoverable rates are capped by the Costs and Fees Rules. You can ask any Advocate we introduce you to how they bill and what legal aid may cover.

Free, and without obligation

Matching costs you nothing and does not commit you to instruct anyone. If the fit is not right, you can stop there and approach someone else.


Coverage

Guernsey clients also ask about these jurisdictions

Estate questions in the Bailiwick frequently cross a border, because property, family or a foreign will sits in another country. We also match clients in the following European jurisdictions.

United KingdomJerseyFranceIrelandIsle of ManBelgiumNetherlandsLuxembourgGermanySwitzerlandSpainPortugalItaly

Questions

Wills in Guernsey: frequently asked questions

Do I need a wills lawyer in Guernsey, or can I write a will myself?

Guernsey law does not require an Advocate to draft a will, but the consequences of getting the structure wrong are difficult to undo. Wills lawyers in Guernsey deal with the realty and personalty split, the wording that gives effect to your intentions, the choice of executors and the interaction with any will you hold abroad. Most clients prefer that certainty.

Why do people in Guernsey sometimes make two wills?

Because Guernsey law treats realty (land and buildings) and personalty (cash, shares and other movables) as two distinct estates. A will of Guernsey realty forms part of the title to the property and is a public record at the Greffe, whereas a will of personalty is not open to public inspection. Two wills keep the movable estate private.

Is there inheritance tax in Guernsey?

There is no inheritance tax regime in Guernsey. That does not make an estate cost-free to administer: a Guernsey probate process requires payment of a tariff broadly equivalent to 0.35% of the total value of the personal assets. Probate is not required for Guernsey realty, where title passes on death without an intervening procedural step.

Which court deals with probate in Guernsey?

Probate and faculties are dealt with by the Ecclesiastical Court, and Advocates of the Royal Court also act as Proctors before it. Contentious matters relating to an estate come before the Royal Court, whose Ordinary Court exercises the general civil jurisdiction with a judge and, where facts are in issue, at least two Jurats.

Can I challenge a will or claim against an estate in Guernsey?

It may be possible, but the timetable is tight. A claim against an estate for reasonable financial provision must be brought within six months from the date of death. Since 2 April 2012 the forced heirship rules that previously restricted testamentary freedom have been abolished, so each case turns on its own facts and on the terms of the will.

What does a Guernsey Advocate charge, and is legal aid available?

Advocates bill by hourly rates, and the recoverable rates are fixed by Guernsey’s Costs and Fees Rules at GBP 351 per hour for Advocates and GBP 235.17 for associates, so a successful party typically recovers around 60% to 70% of actual spend. The Guernsey Legal Aid Service covers free or reduced-cost advice and representation, subject to a means test and a merits test.


Next step

Tell us what you need and we will match you

Describe your situation in a few lines — a will to be drafted, an estate to be administered, or a will you want to question — and we will match you with an Advocate of the Royal Court who practises in wills and succession in Guernsey. The service is free and there is no obligation to instruct.

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