An international treaty called the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), adopted by the United Nations General Assembly in 1979 and considered an international bill of rights for women, officially took effect on 3 September 1981. To date, 189 states have ratified the treaty, but over fifty countries that have done so imposed certain declarations, reservations, and objections. Among them, 38 countries rejected Article 29, which deals with settling disputes concerning the Convention’s interpretation or application. Australia’s declaration acknowledged the limitations of its central government power due to its federal constitutional system. The United States and Palau have signed but not ratified the treaty, while the Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
Propres
The term “propres” or “Mens propres” in French law refers to all property inherited by an individual, whether through a will or by law, from their immediate or collateral relatives in a line of descent, as opposed to property acquired through purchase, as defined by common law.
Acquêts
The term “acquêts” is derived from the French word “acquet,” which means acquisition, and the Latin word “acquirere,” which means to acquire. Acquets refer to property acquired through purchase or gift, including any profits or gains made on spousal property. Property acquired through succession is not considered acquets. Acquets are also called acquests.
Propres and acquêts in Jersey
Propres and acquêts are two categories of immovable property inherited under customary law in Jersey. In the event of an intestacy, where the deceased did not leave a valid will and has no surviving spouse/civil partner or children/descendants, the title to any propres reverts and can only pass to the side of the family that inherited it from the deceased – either the paternal or maternal side. On the other hand, an acquêt is inherited by all of the deceased’s heirs-at-law, regardless of which side of the family they belong to.
The distinction between propres and acquêts is significant as it ensures that the most important pieces of a deceased’s land – usually the propres – are inherited by and remain within the same family line. However, this distinction was abolished in February 2021 when Jersey extended the Convention of the Elimination of All Forms of Discrimination against Women (CEDAW) treaty. This treaty clarified that the customary law rules favouring a deceased person’s paternal heirs-at-law over their maternal heirs-at-law in specific situations were incompatible with Jersey’s obligations under CEDAW.
Jersey will significantly change its rules regarding the collateral succession of immovable property due to the recent decision on 7 February 2024. This decision abolished the ancient customary law distinction between two types of property, namely propres and acquêts. The Wills and Succession (Amendment No. 3 – Collateral Succession of Immoveable Estate)(Jersey) Law 202- was approved by the States and is currently awaiting formal approval by the Privy Council. Enforcement of this new law will occur at some point in 2024.
Upon the new law’s enforcement, all assets forming part of the immovable estate of a deceased person who died after the enforcement date are considered acquêts for collateral succession on intestacy. As a result, the customary rules that apply to the inheritance of propres are abolished.
Anyone who currently owns Jersey immovable property and may die intestate concerning that property without leaving behind a surviving spouse/civil partner and direct heirs (children, grandchildren, etc.) may be affected by this change in the law.