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‘Fast track’ application for a Jersey Grant

Estate Planning & Capacity | 27/02/18

A Jersey Grant of Probate (where there is a Will) or a Jersey Grant of Letters of Administration (where there is no Will) is required in order to release assets of a non-Jersey domiciled deceased person held in Jersey where the total value held by any asset-holder exceeds £10,000.

If the deceased died domiciled in England and Wales, Scotland, Northern Ireland, Guernsey or the Isle of Man (‘UK’) then the ‘fast track’ procedure is available. This procedure enables the executor/s or administrator/s named on the UK grant to apply for probate in Jersey.

The application in Jersey cannot proceed until the UK grant has been issued.

The procedure

Documents Required

  • A Court Sealed and Court Certified copy of the Grant of Probate/Letters of Administration;
  • A Court Sealed and Court Certified copy of any Will and any codicils;

For the avoidance of doubt a “Court Sealed and Court Certified copy” is, an office copy with (a) the official seal of the Probate Registry affixed, (b) which has been certified on the reverse of the document that it is a true copy of the original by the Probate Registrar and (c) signed with an original signature by the Registrar. The above documents will be permanently retained in the Royal Court records.

  • An original or certified copy of the death certificate.

The Executor/s or Administrator/s named on the UK grant will need to swear an oath as to the value of the Jersey Estate. Therefore also required will be:

  • Evidence of the Jersey situate asset(s) together with date of death valuation(s).

Stamp Duty

Stamp Duty is payable on application for the grant based on the net value of the estate in Jersey and is charged at the following rates:

Where the value of the Jersey estate:

Does not exceed £10,000: No fee
Does not exceed £100,000: £50 for each £10,000 or part thereof
Is in excess of £100,000 but does not exceed £13,360,000: £500 for the first £100,000 plus £75 for each additional £10,000 or part of it
Is in excess of £13,360,000: £100,000

 

In addition, the Court also charges a further £80 administration fee on all applications.

The Application

An oath is prepared for the executor/s or administrator/s to swear before a solicitor in their home jurisdiction. Once the oath is sworn and the other required documents provided the application for the Jersey grant will be made at the Probate Registry. The Jersey grant usually issues within 7 – 10 days of the application being made.

Voisin’s Estate Planning & Capacity Team provide expert guidance in all matters concerning capacity issues. If you would like to have an informal discussion about these matters, please contact Clare Nicolle, Angela Roscouet or Sarah Hope.

 

This note is intended to provide a brief rather than a comprehensive guide to the subject under consideration. It does not purport to give legal or financial advice that may be acted or relied upon. Specific professional advice should always be taken in respect of any individual matter.

 



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