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Channel Islands Probate Records: Difference between revisions

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'''Alderney and Sark'''  
'''Alderney and Sark'''  


'''Wills'''&nbsp;are also hed at the Greffe. <br>'''More information about Wills of Personalty and Realty, Laws of Inheritance''', Origins of Customary Property Rights.
'''Wills'''&nbsp;are also hed at the Greffe. <br>'''More information about Wills of Personalty and Realty, Laws of Inheritance''', Origins of Customary Property Rights.  


300 years worth of such records have been filmed by the Genealogical Society of Utah and are availabe for reading worldwide.
300 years worth of such records have been filmed by the Genealogical Society of Utah and are availabe for reading worldwide.  


Jersey had clear inheritance laws, so there are no Wills of Realty before 1851.&nbsp; There were Wills of Personalty (cash and personal posssessions) and many left these including those without land, and particularly women who had assets.<br>A '''Will of Personalty '''is more likely to be made by those without children or who had property outside the Channel Islands.<br>'''Wills of Realty ('''from 1851) fixed propetry (from 1851) - fixed property (houses, land, rentes and hypotecs) are held at the Land Registry.&nbsp; These too have been filmed.<br>'''Wills of Personalty '''As with Realty, strict Laws of Inheritance were applicable to "personal property".&nbsp; Until 1948 all probate was dealt with by the Ecclesiastical Court, and subsequent to that, by the Judicial Greffe.<br>The Jersey Archives holds all wills and testaments of movable property held by the Judicial Greffe from 1660-1948 and they can be consulted individually.&nbsp; All wills and testaments have been catalogued and are indexed under name on the Jersey Archives catalogue.&nbsp; The Wills and Testaments 1948-1960 are held at the Jersey Archives and can be found in a volume of name indexes.
Jersey had clear inheritance laws, so there are no Wills of Realty before 1851.&nbsp; There were Wills of Personalty (cash and personal posssessions) and many left these including those without land, and particularly women who had assets.<br>A '''Will of Personalty '''is more likely to be made by those without children or who had property outside the Channel Islands.<br>'''Wills of Realty ('''from 1851) fixed propetry (from 1851) - fixed property (houses, land, rentes and hypotecs) are held at the Land Registry.&nbsp; These too have been filmed.<br>'''Wills of Personalty '''As with Realty, strict Laws of Inheritance were applicable to "personal property".&nbsp; Until 1948 all probate was dealt with by the Ecclesiastical Court, and subsequent to that, by the Judicial Greffe.<br>The Jersey Archives holds all wills and testaments of movable property held by the Judicial Greffe from 1660-1948 and they can be consulted individually.&nbsp; All wills and testaments have been catalogued and are indexed under name on the Jersey Archives catalogue.&nbsp; The Wills and Testaments 1948-1960 are held at the Jersey Archives and can be found in a volume of name indexes.<br>&nbsp;'''Laws of Inheritance'''<br>The ancient cutomary laws of Normandy required a man to leave a third of his personal estate to his wife, if she survived him, and a third to children born in wedlock.&nbsp; If no wife survived him, then two thirds of his estate went to his childre.&nbsp; If there was a wife and no children, then half of the estate went to her.&nbsp; A woman was reaquired by the same law to leave two thirs of her personal estate to her childre.&nbsp; There were also extensive restrictions on her right to deal in real estate.&nbsp; Those restrictions were removed in the late ninetheenth and early twentieth centruy.&nbsp; Only the concept of a reserved portion for the surviving spouse and children has been retained (Wills and Succession Law - Jersey 1993. This Act made some changes to the customary law.
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