The Legislation Advisory Panel are reviewing the law after the Royal Court ruled that Anthony Le Couilliard, who had been physically unable to sign his will, had died intestate.
Following the court’s decision, his widow, Nicki, said that she would fight to have the Succession Law amended so that other families do not have to go through the same ordeal.
Chief Minister Ian Gorst has said that a debate to reform the legislation could be held in the States as early as next year.
Following Mr Le Couilliard’s death in 2011, Collas Crill, who acted on his behalf, commissioned an independent report into Jersey’s legislation regarding wills.
They found that the legislation relating to the ability of physically disabled people to make wills breached the European Convention of Human Rights.
The report was subsequently submitted to the legislative panel.
And this week Deputy Jeremy Maçon raised a question in the States asking the Chief Minister if he supported introducing a mechanism so that people who cannot sign their name on a will are able to have it validated under Jersey law.
Senator Gorst told the States: ‘Yes I do support it.
‘The Legislation Advisory Panel are discussing it at their next meeting and they will be able to bring forward changes for debate later next year.’
Mr Le Couilliard instructed an independent party to sign his will on his behalf because he had lost the ability to write after a cancerous tumour caused paralysis of his hands.
Although in many jurisdictions – including Guernsey and England – it is standard practice in cases such as Mr Le Couilliard’s to use an independent party, this was the first case of its kind in Jersey and there were no local guidelines to follow.
Following Mr Le Couilliard’s death, the Royal Court found that he had died intestate, noting that it was a matter for the Jersey Legislative Panel to change the law.
When someone dies intestate, it can cause complications because the law dictates how the deceased party’s estate is distributed, and quite often what the law says and what the person would want are not the same.
Mrs Le Couilliard was able to ensure that her husband’s wishes were carried out, but this may not be the case for everyone.
Collas Crill associate Julie Harrigan, who had acted on behalf of Mr Le Couilliard, said: ‘We support the panel’s decision in preparing a report into this area and look forward to reviewing the report when it has been released.
‘We and Mrs Le Couilliard would like to thank the panel for their swift and sympathetic response in dealing with the report.’
