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 domicile).
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 – Foreign Domicile
Where the deceased died domiciled in England and Wales, Scotland, Northern Ireland or Guernsey, leaving movable assets in Jersey at the date of their death, the Jersey Fast Track probate procedure may apply.
Where the Fast Track procedure does not apply and the deceased died domiciled outside Jersey leaving movable assets in Jersey, the procedure for applying for probate in Jersey may differ depending upon the law of the place of domicile of the deceased.
What information and documentation do you need to provide us with in the Foreign Domicile probate procedure?
Broadly speaking the following information and documentation will be required in support of an application for probate (or letter of administration) in Jersey where the Fast Track probate procedure does not apply and the deceased died domicile outside Jersey, leaving movable assets in Jersey:-
- The original death certificate.
- Confirmation of the jurisdiction of domicile of the deceased.
- 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). Probate may take different forms depending on the jurisdiction. Where the documents are not in English, an official translation will be required.
- Where the deceased made more than one will, copies of all other wills.
- Details of the Jersey assets held in the name of the deceased, including the name of the financial institution, account number and value at the date of death.
- 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).
- 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 a special power of attorney for the executor(s)/administrator(s) to swear, in favour of our in-house executor company, Royal Square Executors Limited.
When we receive the original signed and witnessed special power(s) of attorney, together with the information and documentation referred to above, we apply for probate in Jersey through 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 it to the Jersey institution holding the asset in the name of the deceased.
How can Benest & Syvret help?
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 +44 1534 875875.
The information in this guide:
- Does not constitute legal advice.
- Does not create a contractual relationship.
- Does not form part of any other advice, whether paid or free.
