Probate Process in Jersey
Many individuals residing outside of Jersey hold assets in the Island, the most common examples being bank accounts and investment portfolios.
If a deceased individual has assets in Jersey with a value in excess of £10,000 a Jersey Grant of Probate will be required. Where there is no valid will in relation to the Jersey assets it will be necessary to obtain Letters of Administration.
Making a will
Making a will in Jersey to the cover the disposition of Jersey assets is the most efficient means by which the assets of a deceased person can be distributed in accordance with their wishes.
Although it is not essential, it is strongly recommended that a Jersey lawyer is used to draft the will. This ensures it is valid and compliant with Jersey law.
The cost of having a will prepared by a lawyer in Jersey will vary depending upon the assets held but a simple will can usually be prepared for a fixed fee of a few hundred pounds.
There is no requirement for the executor(s) of a Jersey Will to be a resident of the Island.
Probate in Jersey
In order to obtain probate, the executor(s) is required to make a personal appearance before the Registrar of Probate in Jersey to swear an oath in relation to the administration of the deceased’s estate. Often, it is neither practical nor cost efficient for non-Jersey residents to visit the Island solely to deal with Jersey probate.
An alternative is to appoint a Jersey resident individual under a power of attorney granted by the executors to deal with the administration of the Jersey estate. A company cannot be appointed to act in this capacity.
To obtain probate in Jersey, the following is required:
- The Original (Jersey) Will (if one is in place).
- The Original or a Certified copy of the Death Certificate.
- A copy of the Will from the jurisdiction in which the deceased was domiciled.
- Due diligence on the executors appointed by the Will
- Official confirmation of the value of assets held in Jersey as at the date of death.
- A Power of Attorney’s from the executors of the Jersey Will. There is a prescribed format for this which is supplied by the Registrar.
- Confirmation of the Identity of the individual to whom the power of attorney has been granted
Additional documentation may be required depending upon the circumstances.
Non-Jersey wills and Intestacy
If the deceased does not have a Jersey will, they may have another will which covers their Jersey assets. The Will in the jurisdiction in which the deceased was domiciled would need to be proven in a court of the relevant jurisdiction before Jersey probate could be obtained. Depending on the jurisdiction, this can take considerable time and would mean that the Jersey assets are in effect frozen until such time as Jersey probate is obtained.
If a deceased leaves no will, or their will does not cover their Jersey assets a Jersey Grant of Letters of Administration are required. This would first require Letters of Administration or equivalent to be obtained in the jurisdiction in which the deceased was domiciled. Again, depending on the process in the relevant jurisdiction, this may take considerable time.
An application for Letters of Administration can only be made by certain family members depending on the circumstances of the deceased.
Fees and costs
Stamp duty is payable when the application for the Jersey Grant is made. It is charged at the rate of 0.5% of the date of death value of the Jersey assets (which is rounded up to the nearest £10,000 for probate purposes) on estates with a value of up to £100,000 and at a rate of £75 per additional £10,000 thereafter. There is also an £80 probate application fee payable.
The costs associated with acting under a power of attorney granted by the executors need not be prohibitive although they are dependent upon the nature and value of the assets held in Jersey.
The above is for general information purposes only and does not constitute legal advice which may be required depending upon the circumstances associated with a particular case. Every effort has been made to ensure the information provided is accurate at the time of writing, but no liability is accepted for any errors or omissions.
