Administration Orders – What, When and How?

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The inheritance laws in Guernsey changed in 2008 and again in 2012.

In the case of any person who has died after 1st June 2008 without leaving a Will of Real Estate (for house and land) the deceased persons’ Real Estate continues to pass automatically to their heirs but their heirs cannot normally sell the property without getting an Administration Order giving their representative (either one of the heirs or an advocate appointed for the purpose) the ability to give good title. The consequence is that it has now become sensible to make a will of realty so as to avoid the cost of an administration order.

Prior to 1st June 2008, the Real Estate of a deceased person would automatically pass to their legitimate children onlysubject to the life interest of the surviving spouse and therefore any children born outside of wedlock would not have had an entitlement to a share of the Real Estate.  Since the introduction of the new inheritance laws (a) in 2008,provision was made to include illegitimate children as being lawful heirs, and (b) in 2012 gives a person the right to make a Will leaving their Estate to any person they choose, whether or not that person is related to them.

If the deceased has not left a Will of Real Estate an heir or an Advocate would need to apply to be the Administrator of thatReal Estate.  A court application is made and once granted an Act of Court is issued; this should then be registered at the Greffe because the Act of Court forms part of title to the Real Estate and the property is placed in to the name of the appointed Administrator which would then enable a sale of it.

Once the court appoint the Administrator, he or she is sworn into office and has a duty manage the Real Estate of the deceased and distribute proceeds of sale following any sale.  In rare cases, there may be a suspicion that a deceased person has died leaving illegitimate children who may be unknown to any other heirs.  That illegitimate child is still entitled to a share of the proceeds of sale of the Real Estate and in such circumstances, the Administrator should hold back that share for a period of six years in the event that the illegitimate child makes themselves known and makes a claim.

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