Jersey probate is required for all persons with movable estate
situate in Jersey. It is an offence to intermeddle, take possession
or in any way to administer any part of the movable estate of a
deceased save where the 1998 Probate law allows. Penalties are
severe being a fine or a term of imprisonment not exceeding 12
months – or both
With the introduction of the above law the process of obtaining
probate in Jersey has been streamlined and simplified - the main
changes are as follows:-
A procedure for obtaining Probate (Letters of Administration) in
the estates of British domiciliaries – A British Grant
has to be obtained in order to prove British domicile and fast
track can only be used where a British Grant has been obtained.
(This procedure also avoids the need to appoint an attorney)
New definition of formal validity of persons wheresoever
domiciled including Jersey.(Article 29) – as far as
foreign domicile is concerned it will no longer be deemed necessary
to provide affidavits of law of the testators domicile. Intestate
succession will however still require such affidavits of foreign
an indemnity for small estates exemptions – (under
£10,000) (not for Jersey domiciliaries)
a statutory ability for the Royal Court of Jersey to sanction
deeds of variation
disclaimers which can be recognised as valid by statute
a new procedure for lodging caveats the abolition of the rule
by which married women automatically had a domicile of dependancy
from their husbands
Documentation required for a British domiciliary –
will executed in Jersey as to Jersey assets Original will and death
certificate and copies of any other testamentary dispositions.
For a British domiciliary with will which covers Jersey assets
and which has been proved in the UK we require a Court sealed and
certified copy of the UK Grant of Probate and will (for Scottish
domiciliaries Scottish Confirmation) both documents which must bear
the seal of the Court and be certified by the registrar of the
Court as being true copies of the original documents. A power of
attorney is prepared wherein the executors give power to our in
house executor company Ogier Executor & Trustee Company Limited
as their attornies and to uplift transfer or administer the Jersey
Alternatively the "Fast Track" procedure eliminates
the need for attornies and the executors can swear an Oath in the
UK and forward the Oath and the Court sealed and certified copy of
the U K Grant of Probate and will to us and we can lodge the same
with the Judicial Greffe who will issue a Greffier's
Certificate in due course. The executors can then arrange to uplift
the Jersey assets themselves. Executors can, of course, travel to
Jersey and personally attend at the Judicial Greffe.
Our fees are based upon the value of the professional advice and
services rendered, given appropriate consideration to a number of
factors, including the time and labour required and the experience
of those performing the services; the complexity, novelty and
difficulty of issues raised and the skills required; the urgency
with which we are instructed to deal with the matter; the
contribution made, responsibility assumed, amount involved and
results achieved; the number and length of documents prepared and
reviewed. However, as a starting position in relation to the
obtaining of Probate within the Island, we charge in accordance
with a scale fee of £500.00 plus 1% on the value of the
estate in Jersey.
In addition, stamp duty is payable at the rate of nil for the
first £10,000, £100.00 up to £20,000 and
thereafter £50.00 for each £10,0000 any fractional part
of £10,000 up to £100,000 . Thereafter - £75.00
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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