What is Jersey Probate?

Probate is the permission of the Royal Court of Jersey to administer the movable assets and liabilities (estate) of a deceased person, where they left a will.  Where the deceased died without leaving a will an application for letters of administration may be made by the person entitled to administer the deceased person’s estate, in accordance with the law of the deceased person’s place of domicile. 

In Jersey, probate applies to movable assets only.  Movable assets include, bank accounts, investments, shareholdings etc. Movable assets do not include freehold property.

What is domicile?

Broadly speaking domicile is an individual’s permanent home, where they intend to live for the remainder of their lives.  The law of a person’s place of domicile may determine who is entitled to administer and/or inherit their worldwide movable estate.  The first step when considering applying for Jersey probate (or letters of administration) is to establish where the person was domiciled at the date of their death. 

Exemption from the requirement for a Grant of Probate (Letters of Administration) in Jersey (foreign domiciled)

Where a deceased held movable assets in Jersey with a value of £30,000 or under at the date of their death, an exemption from the requirement for a Jersey grant of probate (or letters of administration) may apply, at the discretion of the asset holder (e.g. bank/registrar/investment house).  

In this scenario, an application should be made to the asset holder to enquire as to whether they require a Jersey grant of probate (or letters of administration) before releasing the asset. 

Jersey Probate/Letters of Administration – Fast Track Procedure

When does the Fast Track Procedure apply?

The Fast Track procedure applies in Jersey where the deceased died domiciled in any of the following jurisdictions, leaving assets in Jersey and a grant of probate (or the equivalent) was obtained in the jurisdiction of domicile: -

• England and Wales 
• Scotland
• Northern Ireland
• Guernsey

What information and documentation do you need to provide us with in the Fast Track procedure?

• The original death certificate.
• Copies of the will and the probate issued in the place of domicile, bearing the stamp of the court on each page and certified as true copies of the originals by the issuing Probate Registrar (or the equivalent where the deceased died without leaving a will).
• Provision for stamp duty, which is calculated on the net value of the Jersey estate of the deceased at the date of death and is calculated as £500 on the first £100,000 and £75 on each £10,000 or part thereof thereafter, plus £80 court fee. There is a maximum cap of £100,000 on stamp duty. 
• The name, residential address, email address and telephone number of each executor (or administrator where the deceased died without leaving a will). We need this information from the outset, so that we can prepare our client take on form to be completed by each the executor. 
• Identification documentation in respect of each executor (or administrator) in the form of a passport or driving licence and two verifications of residential address, dated within the past three months. These document must be certified as true copies of the originals in accordance with our verification of identity requirements. A local Post Office may provide this service. 
• Information on the source of wealth of the deceased. 

Process 

Once we receive the requested documentation and information, we prepare an oath for the executor(s) to swear.  Once we receive the sworn oath, together with the requested documentation and information, we lodged the Fast Track application at the Jersey Probate Registry.  

The probate document is usually available within 5 to 7 days of the date on which the application is made.  We then send the probate to the executor(s) so that it may be sent to the Jersey institution(s) holding the asset(s). 

For further advice or an informal chat in relation to obtaining probate in Jersey contact Claire Kingham or any member of our probate team at info@benestsyvret.com or on 01534 875875.