Légitime Reform: Where To Go? (Part 2)

This is the second instalment of this article considering the reform of légitime. It will follow the earlier comparative analysis by arguing that lessons should be learned from other systems. It is not a matter of choosing between the current English system or the current Jersey system. Given the lack of any clear, current evidence as to Jersey public opinion, it is important that legislators bear in mind all relevant factors and options. A system of allowing those of high net wealth to opt out of légitime would risk creating a system of total testamentary freedom which does not appear to exist anywhere else. A cap on claims should be considered. In particular, it will be argued that, if there is a desire to have a fixed rule system for protection against disinheritance, then it should be reformed so as to better meet the objectives. The distinction between movable and immovable property is difficult to justify in modern Jersey, where the bulk of the value in most estates will be in land.