Gibraltar

This chapter talks about the legal system of Gibraltar: a common law system. It highlights that Gibraltar is a British Overseas Territory and the laws of Gibraltar are based on that of England and Wales. The formalities for the correct execution of wills in Gibraltar can be found under section 9 of the Wills Act 2009 (the ‘Wills Act’). It argues that a will must be made in writing and signed by the testator, or by some other person in their presence and by their direction who sign or acknowledge the signature in the presence of two or more witnesses who are present at the same time who sign or acknowledge the signature in the presence of the testator. The chapter then proceeds to elaborate on the order of succession in cases of intestacy that can be found under section 51 of the Gibraltar Administration of Estate Act 1933. Ultimately, this chapter examines the concept of forced heirship or compulsory shares in Gibraltar. It also investigates the concept of community of property and jointly owned property under Gibraltar Law.