Introduction
In the first Briefing Note in our Contentious Probate Series, we
considered the key issues that a person should have in mind when
drawing up a Will in Guernsey. In this second Briefing Note, we
consider so called "dependency claims" under The
Inheritance (Guernsey) Law, 2011 ("the
Law").
The Law, in effect from 2 April 2012, abolishes forced heirship
in Guernsey so that henceforth, a person making a Will in Guernsey
can leave their Guernsey real estate and if domiciled in Guernsey,
their worldwide personal estate to whomsoever they choose.
What is a "dependency claim"?
In circumstances where certain individuals (as specified under
the Law), believe that as 'dependants' of the testator
reasonable financial provision has not been made for them under the
terms of a Guernsey Will executed under the Law (or because no Will
has been made at all), such individuals may make a "dependency
claim" upon the deceased's death. Such a claim is made to
the
