Thomas Charles Le Normand, deceased (the "Deceased") died intestate as to Guernsey real estate. Under Guernsey inheritance law, which is based on Norman customary law principles of forced heirship, there are different rules for inheritance by intestacy of personalty and realty.
As regards realty, the customary rules and statute differentiated between siblings of whole blood and siblings of half-blood as well as males and females in respect of the order of preference of heirs to Guernsey real estate.
Following this case, the Guernsey court has held that siblings of half-blood are to share equally with the siblings of whole blood based on the submission that the Loi sur les Successions of 1840 intended to make no distinction between males and females and the inheritance rights of whole bloods and half-bloods.
It should be noted that the Guernsey law on inheritance is due to be reformed in due course. The reform will bring Guernsey inheritance law more in line with English inheritance law and away from the current Norman customary law position. However, until such time as these reforms come into force, individuals with Guernsey personalty and realty should seek the guidance of a Guernsey advocate to ensure they have the appropriate Wills in place.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
