Applications for Jersey Probate
Pinel Advocates can assist with applications for grants of probate and letters of administration
Jersey Grants of Probate - Standard Applications
Is a Jersey grant required?
If a person dies domiciled in a jurisdiction outside Jersey, with movable estate situate in Jersey with a date of death value exceeding £30,000 (‘the Jersey estate’), a Jersey grant will be required.
If there is a Will dealing with the Jersey estate, a Jersey grant of probate will be required. If there is no Will dealing with the Jersey estate, a Jersey grant of letters of administration will be required.
Subject to a few limited exceptions, if any person takes possession of or in any way administers the Jersey estate, without obtaining a Jersey grant, that person will be guilty of the offence of ‘intermeddling’ and liable to a fine or to imprisonment for a term not exceeding 1 year, or both. In 2018, Abu Dhabi Commercial Bank PJSC was found guilty of the offence of ‘intermeddling’ and ordered to pay a fine in the sum of £25,000 and over £2,000 in compensation.
If the Jersey estate was held in joint names with another, or perhaps in trust, a Jersey grant may not be required.
Domicile is key
The Jersey estate passes in accordance with the law of the deceased’s last domicile. Domicile is typically the place where the deceased last lived and intended to remain indefinitely
If a grant (or equivalent) is required in the deceased’s last domicile, estate proceedings must be finalised there, before the application in Jersey can proceed. The grant issued in the deceased’s last domicile cannot be resealed in Jersey. A Jersey grant is required.
The application
We attend our probate appointment with the (Assistant) Registrar of Probate. The papers are considered. If the (Assistant) Registrar is happy for us to do so, we proceed to swear the Oath as Attorney executor/administrator.
Subject to any queries raised by the (Assistant) Registrar, the Jersey grant is typically issued within 10 working days. Once received, this is passed to the Jersey asset holder together with the instructions for the Jersey estate – these instructions must come from Pinel Advocates being the Attorney executor/administrator named on the Jersey grant but our instructions will mirror the written instructions received from the executor/administrator.
The first step
Please send us an email attaching a copy of the death certificate, Will (if applicable) and grant issued in the deceased’s last domicile/notarial deed or inheritance certificate, together with translations (if applicable). Please also confirm the deceased’s last domicile and the date of death value of the Jersey estate.
We will then be in a position to draft and send you the documents requiring your signature. These will be sent to you attached to an email which will also confirm:
1. The documents required by the Probate Registry
2. The documents we require
3. Our fixed legal fee
4. The stamp duty
By reviewing the copy papers before confirming the way forward, we can ensure that the application, once underway, proceeds in a predictable and timely manner. It will also allow you to send us all that is required on the one occasion, minimising costs and the risk of documents being lost in the post.
The documents typically required by the Probate Registry include:
1. An original or certified copy of the death certificate
2. A court sealed and certified copy of the will; or a notarised copy (if applicable)
3. A court sealed and certified copy of the grant (or equivalent document) issued in the deceased’s last domicile; or a notarised copy of the notarial deed or inheritance certificate issued
4. A power of attorney (which we prepare) signed by the person entitled to administer the Jersey estate, in favour of Pinel Advocates. Jersey is unique in its position that applications for a Jersey grant must be submitted in person, before the (Assistant) Registrar of Probate. Unless the person entitled to administer the Jersey estate intends to visit the Island to submit the application, a power of attorney will be required in every case
Additional documents may be required such as an affidavit of law from a lawyer practising in deceased’s last domicile; if an executor nominated in the Will predeceased the deceased or renounced, a certified of his/her death certificate or renunciation will be required; official English translations of all documents submitted with the application.
The documents typically required by Pinel Advocates
1. A copy letter or statement from the Jersey asset holding confirming the date of death value of the Jersey estate
2. A signed letter of engagement
3. Identification for the person entitled to administer the Jersey estate
4. Information on the source of the deceased’s funds in Jersey
5. The executor/administrator’s written instructions for the Jersey estate once the Jersey grant has been issued
Additional documents may be required.
Costs
We will provide you with a fixed fee to consider once we have reviewed copies of all the relevant documents.
There will in addition, be stamp duty to pay to the Royal Court when the application is submitted, together with an £107 application fee. Stamp duty is calculated on the net date of death value of the Jersey estate, rounded up to the nearest £10,000. Stamp duty is charged at a rate of 0.5% for the first £100,000 and 0.75% thereafter, up to a maximum of £100,000.
The application
We attend our probate appointment with the (Assistant) Registrar of Probate. The papers are considered. If the (Assistant) Registrar is happy for us to do so, we proceed to swear the Oath as Attorney executor/administrator.
Subject to any queries raised by the (Assistant) Registrar, the Jersey grant is typically issued within 10 working days. Once received, this is passed to the Jersey asset holder together with the instructions for the Jersey estate – these instructions must come from Pinel Advocates being the Attorney executor/administrator named on the Jersey grant but our instructions will mirror the written instructions received from the executor/administrator.
Why choose Pinel Advocates to assist?
You will be assisted by Janina Porter, English Solicitor who has specialised in the field of probate since 2008 and the rest of the team at Pinel Advocates.
Our unique expertise in this specialised area of law means that the application will be in safe hands.
Obtain an instant fixed fee proposal for assistance with Jersey probate
Key Contacts
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Andrew Pinel
Partner
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Janina Porter
Senior Associate
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Joelle Masterman
Wills & Probate Assistant
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Atlanta Bressat
Legal Assistant