Safeguarding assets for children under Jersey Law.

In Jersey, when a child under the age of 18 is set to inherit immovable property (real or freehold) or a share in movable assets over £25,000, the law requires that those assets are properly managed on their behalf.  This often means the appointment of a Tuteur, a court-approved legal financial guardian responsible for safeguarding and administering a minor’s property or financial affairs.

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Our Expertise

At BCR, our team of experts support families, executors, trustees and guardians through the process of tutelle appointments, ensuring that everything is done in the child’s best interests and in compliance with Jersey law.

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Our Approach

We appreciate that tutelle matters often arise at difficult times, such as following a bereavement, a separation or medical diagnosis and they require a carefully considered approach.

We understand the responsibilities of a tuteur, the expectations of the Court, and the needs of the families involved.

Legal Framework

The appointment of a tuteur requires an application to the Royal Court of Jersey, which maintains supervisory oversight of how the minor’s assets are managed and safeguarded. Significant financial decisions will often require the Court’s approval.

Who Can Be Appointed as Tuteur

The Court will usually appoint a close relative, provided they are both willing and suitable.  In the absence of a family member, or where a conflict of interest arises, the Court may appoint a professional guardian such as a lawyer or fiduciary.

Factors considered include:

• Relationship to the minor.
• Willingness and ability to act.
• Personal and financial integrity.
• Whether they are also a beneficiary or party to the estate.

We offer support to individuals through the appointment process and can also act as professional tuteurs in more complex or sensitive cases where an independent third party is preferred.

Duties of a Tuteur

Key duties include:

• Safeguarding funds and property.
• Keeping accurate accounts.
• Investing prudently, where applicable.
• Applying to the Court for permission to use assets for the child’s benefit (e.g. school fees, medical treatment, housing).
• Reporting to the Court and/or relevant family members as required.
• Transferring control of the assets to the child when they reach 18.

Tuteurs are personally responsible for the proper administration of the minor’s estate and must act solely in the child’s best interests.  Misuse of funds or poor management can lead to legal consequences.

We can support you in your role by preparing financial statements, applying for court directions, and responding to enquiries from the Court or other parties.

When Court Approval Is Required

Even once appointed, a tuteur must seek Royal Court approval for certain key decisions, including:

• Selling or mortgaging property.
• Making large investments or withdrawals.
• Transferring assets into trusts or companies.

We advise on and prepare all applications for court approval, including supporting affidavits, valuations and detailed justifications to demonstrate how the proposed action serves the child’s interests.

Tutelles, Wills and Inheritance

Tutelles often arise during the administration of estates involving children, especially where:

• A parent dies intestate, and the child inherits under Jersey succession law.
• A Will leaves assets to a minor beneficiary.
• The deceased appointed a guardian or made financial arrangements for a child.

In these cases, executors must ensure that the minor’s share is properly protected and depending on the value of the asset/s, transferred to a tuteur and not simply handed over to a parent or family member.

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Our Values in Action

Excellence: Ensuring the highest legal standards in protecting minors' estates.

‍Delivery: Taking swift action to meet Court deadlines and reduce delays.

‍Respect: Acting with care and sensitivity, always focused on the child’s best interests.

‍Elegance: Providing clear advice, alleviating family concerns and easing administrative burdens.

Why BCR Law

We offer clear and compassionate guidance through the tutelle process, ensuring a child’s assets are safeguarded in full compliance with Jersey law. Our team supports families and professionals at every stage, from court applications to ongoing financial oversight.

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