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Jesey's inheritance law not EU compliant

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Thistle
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Jesey's inheritance law not EU compliant Empty Jesey's inheritance law not EU compliant

Post by st_ouennais Mon 19 Oct 2009, 4:27 pm

A UK expert on property law, professor Meryl Thomas, says Jersey's inheritance laws are not EU European Convention on Human Rights compliant. Specifically she says they discriminate against illegitimate children and women.


Last edited by st_ouennais on Tue 20 Oct 2009, 7:57 am; edited 1 time in total

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Post by Deebay Mon 19 Oct 2009, 4:41 pm

I don't think it's in line with the US or Australia, either. But then, Jersey is not part of either of them, OR the E.U.

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Post by Thistle Mon 19 Oct 2009, 5:04 pm

guernseys inheritence laws discriminate against people with learning disabilities.it is against guernseys law to leave money or property to a person with learning disabilities .it could be left in trust to a sibling to look after or too the state as far as property is concerned providing the person had life enjoyment .
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Post by The Gimp Mon 19 Oct 2009, 6:29 pm

Thistle wrote:guernseys inheritence laws discriminate against people with learning disabilities.it is against guernseys law to leave money or property to a person with learning disabilities .it could be left in trust to a sibling to look after or too the state as far as property is concerned providing the person had life enjoyment .

when you say "learning disabilities" what do you mean ?

disabled, not being able to communicate etc or just dyslexic..
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Post by Thistle Mon 19 Oct 2009, 6:35 pm

not people who are dyslexic or have adhd etc
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Post by The Gimp Mon 19 Oct 2009, 6:41 pm

on what scale does the disability have to be before you cannot inherit property ?
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Post by Thistle Mon 19 Oct 2009, 6:44 pm

i would need to check up on it gimp.i have sent you a pm
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Post by Peterr Mon 19 Oct 2009, 9:23 pm

Deebay wrote:I don't think it's in line with the US or Australia, either. But then, Jersey is not part of either of them, OR the E.U.

But the European Convention on Human Rights has nothing what so ever to do with the European Union, so the fact that Jersey is not a member of that organisation isn't revelent. It is a convention drawn up by the old Council of Europe which the Channel Islands chose freely to sign up to many decades ago. Therefore Jersey is bound by it because it has chosen to be bound by it. Of course it always could look to withdraw from the convention if it wants to completely destroy its reputation.

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Post by Deebay Mon 19 Oct 2009, 9:45 pm

Thanks, Peterr. I've learned something. My excuse is I'm too young to remember the Council of Europe. Jesey's inheritance law not EU compliant Icon_wink

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Post by technophobe Tue 20 Oct 2009, 7:56 am

As a Guernseyman I am sometimes embarrassed by the way in which "locals" try to pick and choose those parts of the human rights legislation they want and those which they don't.

We cannot have the absolute best of everything. Human rights come as a package, and overall are a very good thing for the average man (and woman) in the street. The way in which some people look back at days gone by (when there was far worse racial / sexual inequality, a severe lack of workers' rights etc) is beyond me, it's about time this island became fully integrated into the 21st century, and if that has to be done kicking and screaming then so be it.

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Post by cockney Tue 20 Oct 2009, 4:49 pm

Basic human rights for everyone is good, the trouble with the current interpretation is that it is being hijacked by too many people for the wrong reasons and with lawyers queuing up to back these people up the whole human rights act has become a joke. The same could be said for the health and safety legislation.
Is it within my human rights to write a will leaving all my worldly goods to my children without having to use one of those money grabbing lawyers?

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