Jersey Probate

Probate or letters of administration will be required if you are an executor or administrator of an estate which involves assets or property in the Channel Island of Jersey. As it is outside UK jurisdiction, you cannot use an English Grant of Probate in order to dissolve the estate. Probate must also be granted in Jersey. IWC associates can take care of the process for you including:

• Dealing with the Judicial Greffe
• Valuing the estate
• Fowarding the required documents (Death Certificate, English Grant, Will, Codicil)
• Obtaining any Jersey wills from the public registry
• The certification of documents
• Affidavit of foreign law
• Making the application
• Power of Attorney - Postal applications are not permitted in Jersey.  The lawyer must attend the Royal Court in person. The Grant is then issued to the lawyer personally.
• Paying revenue stamps

IWC offer a low cost, fixed fee Probate / Letters of Administration service. Call us free of charge for your quote on 0800 612 6105 or 0044 208 150 2010, if calling from overseas.

If the deceased died in the UK and you have a UK grant, Jersey does make it easier for personal representatives to obtain probate. IWC can fast-track your application in conjunction with our Jersey associates.

We can also help if you did or need not apply for the UK Grant of Probate. Under this circumstance Jersey law will permit a sworn Affidavit that probate in the country of domicile was not required.

Moveable Assets

It is necessary for the collection of moveable assets that exceed £10,000, cars, jewellery, antiques, and money in bank accounts. If the assets are valued at less than this, it is not necessary to apply for a grant but this is at the discretion of the institution involved.

Probate and Property

Property and land are classed as immovable assets.  Immovable and movable assets are treated differently with regards to Jersey and inheritance law.  It is often the case the deceased will have made 2 wills, treating these parts of the estate separately.

• A Will of Jersey immovable estate does not require an executor
• There is no need to apply for a grant of probate of a will of Jersey immovable property
• Upon death, the will is registered in the Royal Court and the title automatically passes to beneficiaries who are known as devisees.
• In the absence of a will, this happens in accordance with Jersey intestate law
• Stamp duty is applicable

Instate Death

If the deceased has no will in the UK or in Jersey, the death will be classed as intestate. Advice must be sought as to who should apply for probate, Letters of Administration.  Movable property situated in Jersey is governed by the law where the relevant person is domiciled. Therefore if the deceased resided in the UK will be subject to UK intestacy law.Inheritance law in relation to immovable assets is governed by the law where the immovable property is situated. Therefore, the estate could be subject to the heirs at law system.

To find out more about immovable assets, intestacy rules and the probate process in Jersey call free on 0800 612 6105 or 0044 208 150 2010.