Interpretation Of Wills ' Where An English Will Covers Jersey Assets

• Published date: 14 January 2022
• Law Firm: Walkers
• Author: Mr Robert Dobbyn, Sevyn Kalsi and James Turnbull

In an interesting recent English Court of Appeal decision, Partington v Rossiter [2021] EWCA Civ 1564, the Court determined that where an English will was expressed as only having "effect in relation to my UK assets" it was possible for such reference to the UK to include Jersey. You might ask why this is an interesting decision from a Jersey law point of view? Well, the principal reason is that Jersey is a not a part of the UK from a constitutional perspective nor has it ever been. Jersey is a separate jurisdiction with its own legislature, courts and legal system with no representation in the United Kingdom's parliament.

It might therefore seem rather surprising that the English Court of Appeal should reach the conclusion that it did. The judgment also highlights the importance of wills properly identifying their intended jurisdictional scope. The reasons for the decision certainly merit closer consideration.

Background

As well as holding assets outside of Russia (where Mr Rossiter was domiciled at his date of death), Mr Rossiter also held assets in both Jersey and the UK. Although in a will prepared in 2013 (the "Will") he had stated "I confirm that this will only has effect in relation to my UK assets", following his death a dispute arose between his wife and his children, which came before the English Courts, as to...