As an international finance centre, Jersey is a popular jurisdiction for holding investments. While it is understandable, and very common, that people may not wish to contemplate their own mortality, a significant number of individuals pass away each year without preparing a Will. For some investors, having a Will may not align with their faith or cultural beliefs. However, as a distinct jurisdiction, Jersey is subject to its own laws and processes regarding succession, and those administering your estate may benefit from having a Jersey Will in place.
Do all Jersey estates require a grant of probate?
Not all Jersey estates will require a Jersey grant of probate ("Jersey Grant"). A 'low value' exemption is available for small estates where the deceased was not domiciled in Jersey, which exempts them from needing a Jersey Grant to deal with assets located in Jersey. The limit for this exemption is currently £30,000. However, some financial institutions or asset holders may still require a Jersey Grant even if the estate falls within this exemption. It is advisable to confirm with asset holders what process they require from your executors or administrators.
What is your domicile under Jersey law?
Another important consideration when preparing a Jersey Will is your domicile. Your domicile at the date of your death governs the succession of your movable estate, including automatic inheritance rights of family members and the validity of a Will.
The Jersey law of domicile is closely related to and broadly follows that of England and Wales, meaning Jersey law recognises three main categories of domicile:
- a domicile of origin;
- a domicile of dependence; and
- a domicile of choice.
Therefore, you can adopt a new domicile of choice if you are present in a country and intend to reside there permanently.
What is the probate process in Jersey?
The process for applying for a Jersey Grant is governed by the Probate (Jersey) Law 1998 (the "Law"). Generally, an application needs to be made to the Probate Registry (the "Registry"), requiring certain information, including:
- the domicile of the deceased;
- whether estate proceedings are taking place or have taken place in the country of domicile;
- whether the deceased left a Will covering their Jersey situs assets or died intestate; and
- the value of the Jersey situs assets.
The person(s) applying to administer the Jersey estate will need to demonstrate their entitlement to apply for the Jersey Grant or letter of administration. They must also attend an appointment at the Registry and swear an oath to confirm they will faithfully administer the estate and, if applicable, carry out the terms of the Will.
Executors or administrators not resident in Jersey who do not wish to attend the Registry and swear the oath in person can appoint someone else to act as their attorney. This attorney will then be appointed as executor or administrator of the deceased person's Jersey estate. This type of application is usually made with the assistance of a Jersey advocate or écrevain (Jersey solicitor), though it is not compulsory.
The Registry will review the information submitted and may raise enquiries. Until all enquiries are answered to the satisfaction of the Registry, the grant will not be made.
The Law provides for a fast-track process for those persons who died domiciled in a specified jurisdiction, namely the constituent countries of the United Kingdom and the other Crown Dependencies (Guernsey and the Isle of Man). For such applications, the Registry is permitted to accept an application without raising enquiries, so long as prescribed documents are provided. A grant of representation made in one of those jurisdictions is effectively treated as proof of entitlement to act under Jersey law, and a grant of representation can be made on the papers and without the need to appear personally before the Probate Registrar to swear the oath of office.
If you were to die domiciled in the United Kingdom or any of the Crown Dependencies, your executor or administrator would be able to use the fast-track process to obtain a grant of representation in relation to your Jersey estate. It is your domicile, not the existence of an English Will covering your Jersey assets, that determines if your executors can benefit from this fast-track process for your Jersey estate.
So do I need a Jersey Will?
Ideally yes if you have Jersey situs assets. Although the availability of the fast-track process depends on your domicile and not solely on the existence of a Will:
- If you die domiciled in the United Kingdom or other Crown Dependencies and your Will covers your movable assets in Jersey, or you die intestate, you will not need a Jersey Will as you can use the fast-track process, which is generally quite quick and efficient.
- If you die domiciled in the United Kingdom or other Crown Dependencies but your Will does not cover your movable assets in Jersey, or if you die domiciled elsewhere, it would be prudent to prepare a Jersey Will.
- Not having a Jersey Will to cover your Jersey situs assets will likely lead to delays in obtaining access to those assets. The Registry will require more information to determine that those applying for a grant of representation are entitled to do so. This is particularly likely if you die intestate regarding your Jersey estate, as the Registrar may require an affidavit of law from a lawyer qualified in your jurisdiction of domicile to confirm who is entitled to apply for a grant of representation under their law.
- The fast-track process is still available to estates where the deceased was domiciled in the United Kingdom or other Crown Dependencies. However, this only waives the need for an in-person appointment with the Registry; the extra information regarding entitlement to act would still be required if no Jersey Will is in place.
As investments can usually be liquidated quickly and the cash used to settle estate debts or expenses, a Jersey Will can significantly assist your executors or administrators in gaining access to funds without excessive delays.
If you have any queries about Jersey probate or lifetime structuring options, please get in touch.
