RURAL BUSINESS
A guide to
Jersey Probate By Kelsi Rendell of BCR Law LLP
D
ealing with a bereavement – even one that may have been expected – can be devastating and overwhelming enough without the paperwork that awaits. You may not realise what is involved in administering a person's estate until you have to do it yourself. What is Probate? When a person dies, the deceased's estate (comprising money, investments, possessions, property etc.) must be dealt with and distributed to those entitled to it. To do this, a Grant of Probate (where the deceased left a valid will) or a Grant of Letters of Administration (where no will has been found) must be applied for at the Probate Division of the Royal Court. Both are legal documents which prove your authority to administer the estate either in accordance with the terms of the will, or in accordance with Jersey law. Prior to a Grant being obtained, it is sensible to make initial contact with the bank to register the death and to freeze accounts. This ensures pension payments and direct debits stop. It is also your responsibility to ensure that any items of value (e.g. jewellery) are properly safeguarded.
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Dealing with a bereavement – even one that may have been expected – can be devastating and overwhelming enough without the paperwork that awaits Is a Grant of Probate required?
How do you obtain the Grant?
This will depend on what assets are held within the estate. If the deceased held assets jointly with you or another person, ownership may pass automatically to the survivor regardless of any will in place and probate may not be required. Where the deceased held assets in their sole name however, an asset holder is likely to request sight of a Grant before releasing the asset to you.
Apply directly with the Probate Registry. You will be required to submit a copy of the death certificate, the original will (if applicable), a schedule of assets and valuations as at the date of death for stamp duty purposes - but only on assets in their sole name, remember! This will involve you sorting through the deceased’s papers.
In the case of joint assets, sight of a death certificate will allow the bank to transfer the account into the survivor’s sole name. However, it’s important to be careful when handling the deceased's assets before a Grant has been issued, as this could be considered intermeddling.
The Registry will then arrange a further appointment with you to swear an oath in which you confirm that you will faithfully administer and/or carry out the contents of the will. The Registry may appoint another person or law firm to obtain the Grant and thereafter administer the estate on your behalf. This is often the preferred approach where an executor is not resident in Jersey.
