![Headshot of Henry Wickham](/media/5z2jlfnd/henry-wickham.jpg?cc=0.22382857598890357,0.03349859609087272,0.21156751521630826,0.40130856417533645&width=1440&height=960&quality=90)
Henry Wickham
Partner | Legal
Jersey
![Headshot of Henry Wickham](/media/5z2jlfnd/henry-wickham.jpg?cc=0.31819751188552253,0.03547362791439277,0.30059861743051,0.39212412291602117&width=300&height=300&quality=90)
Henry Wickham
Partner
Jersey
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Sustainable Investment Consulting
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
About us
Corporate social responsibility (CSR)
Diversity, equity and inclusion
Information security
Innovation
Sustainability
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Insight
14 June 2018
Jersey
Henry Wickham
Team: Fiona Lilleyman
ON THIS PAGE
Overview
The above law was registered by the Royal Court of Jersey on 1 June 2018 and came into force on the 8 June 2018 (save for Article 5 which relates to the Capacity and Self Determination (Jersey) Law 2016 and which will come into effect once that law comes into force itself).
It brings about a much needed update in the law that was initially highlighted as being required in 2015 when a local resident gentleman passed away after being mentally but not physically capable of signing a Will due to a paralysis of his hands. The result of this was that he was considered to have died intestate, despite having directed a friend to sign his Will on his behalf, and his estate passed in accordance with the law rather than in accordance with his wishes. Thankfully, in this particular case, the family of the gentleman were happy to agree for his estate to be distributed in line with his wishes outlined in the invalid Will in any case, however had there been any family discord, this solution would not have been available.
This case raised potential human rights and discrimination issues within the current law as there was no mechanism by which a person with a physical disability or medical condition that rendered them unable to actually sign their name, could make a valid Will.
The above law also amends the laws in relation to the signing of affidavits, powers of attorney and lasting powers of attorney (as governed by the new Capacity and Self-Determination (Jersey Law 2016) to enable these documents to also be validly executed by a person who cannot physically sign their name.
However it has been noted that safeguards were needed to be put in place to ensure that this legal update cannot be abused where someone is signing a Will or a document on behalf of someone else. This is why it is a requirement that, for a Will to be valid, the person making the Will must declare, in the presence of two witnesses, one of whom must be a qualified witness (a local Advocate, Solicitor or Notary), that the Will is to be signed by another person on his or her behalf. The Will must also be read aloud to the person making the Will prior to the signing occurring. This is not dissimilar to the procedure currently followed for the signing of Wills covering Jersey real estate.
It is a welcome development that this gap in the law has now been addressed and that there is clear guidance which enables a person with a physical disability or medical condition that renders them unable to sign their name, to still execute valid and legal documents and Wills.
Henry Wickham
Partner | Legal
Jersey
Henry Wickham
Partner
Jersey
Contact Henry
Back
Fiona Lilleyman
Probate Manager | Legal
Jersey
Fiona Lilleyman
Probate Manager
Jersey
Contact Fiona
Back
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm