Administering an estate through the Probate Registry of the Royal Court of Jersey involves managing cross-border assets and housing qualifications. These are statutory procedures and need to be handled correctly.
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Probate in Jersey
Executing an estate through the Probate Registry of the Royal Court of Jersey involves navigating intricate local regulations.
What a Jersey grant of probate covers
A Jersey grant of probate (where there is a will) or of letters of administration (where there is not) gives the executor or administrator authority over the deceased person's movable estate. Article 6 of the Probate (Jersey) Law 1998 says so expressly: a grant has effect over the movable estate.
Movable estate means things like bank accounts, investments, shares and personal belongings. Land and buildings in Jersey are immovable estate and are treated separately. The Wills and Successions (Jersey) Law 1993 refers, for example, to immovable estate passing under a will registered in the Public Registry. Anyone dealing with a Jersey property in an estate should raise the immovable side with an advocate early, as it follows its own route.
Article 19 of the Probate Law makes a grant necessary to recover or receive any part of a deceased person's movable estate situated in Jersey, subject to the exceptions in Articles 19A to 19E.
How an application works
Applications go to the Judicial Greffier, who issues grants in the name of the Royal Court (Probate Division). Under Article 6, an application can be made through an advocate or solicitor, or in person by the people entitled to the grant.
- Evidence of death. Article 7 requires a death certificate, or other evidence the Judicial Greffier approves.
- Enquiries. The Judicial Greffier may make whatever enquiries he or she sees fit and will not make the grant until they are answered, subject to exceptions, including some estates of people who died domiciled in a specified jurisdiction.
- Disputed or doubtful cases. Where there is contention, or doubt about whether a grant should be made, the matter goes before the Inferior Number of the Royal Court for directions.
- The grant. Once issued, the executor or administrator can collect in the movable estate, pay debts and distribute.
Someone who wants to stop a grant being made can lodge a caveat. Under Article 9 a caveat lapses after 6 months unless renewed, withdrawn or dealt with sooner, and Article 10 allows the applicant to summon the caveator before the Inferior Number to justify it.
Small estates
A grant is not always needed. Article 19A allows a holder (a person in Jersey holding the deceased's movable estate, such as a bank) to release movable estate without a grant where the gross value it holds does not exceed £30,000. If the deceased died domiciled in Jersey, the applicant must also declare that the worldwide movable estate does not exceed £30,000.
Conditions apply. The applicant must acknowledge in writing that the holder is not liable to other beneficiaries, must appear to be entitled under the will or intestacy rules, and there must be no caveat in force. The Law says the holder may release, so it is not obliged to.
What a will cannot override: légitime
A Jersey will does not give complete freedom over movable estate. Article 7 of the Wills and Successions Law gives a surviving spouse or civil partner, and children, the right to claim a fixed share, known as légitime:
- a spouse or civil partner and no children may claim the household effects and two-thirds of the rest of the net movable estate;
- a spouse or civil partner and children: the spouse may claim the household effects and one-third of the rest, and the children one-third of the rest;
- children and no spouse or civil partner may claim two-thirds of the net movable estate.
These rights are subject to Article 8, which deals with spouses living apart. Article 7 also sets the separate shares that apply on an intestacy.
Duties and pitfalls for executors and families
- Don't act before the grant. Under Article 23, taking possession of or administering any part of the movable estate without a grant is an offence, unless an exception applies. Arranging the funeral and keeping property safe are expressly allowed.
- Keep an inventory. Any person interested in the estate can apply for an order under Article 24 requiring the executor to produce an inventory and account on oath.
- Changes need everyone. Article 25 lets the Royal Court vary the distribution of movable estate, but only with the consent of all the parties it considers should be consulted.
Papers to gather first
- The original will and any later codicils, and any separate will dealing with Jersey property.
- The death certificate.
- A list of Jersey and overseas assets, with account numbers and approximate values.
- Details of any land or property in Jersey.
- Names and addresses of the surviving spouse or civil partner and children.
- Any letters from banks or other holders about releasing funds.
Probate & Estate Administration Asked Questions
Who can help with complex or contested Jersey estate administrations?
Disputed estates can involve contentious probate, Royal Court litigation, cross-border asset tracing and family disputes. Independent Jersey Advocates work in this area.
What is the typical process for securing a Grant of Probate in the Royal Court of Jersey?
Securing a grant requires submitting an application and the Will to the Probate Registry of the Royal Court of Jersey. This formal submission clears outstanding liabilities and registers moveable and immoveable property. The executor complies with local laws, allowing assets to be distributed safely to beneficiaries.
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