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UK And Jersey Probate Law Differences – Jersey’s Unique Fast Track Probate

February 20, 2019 By Avery Associates

UK AND JERSEY: PROBATE LAW DIFFERENCES

There are significant differences between the probate laws of countries within the United Kingdom and other crown dependencies (Isle of man, Jersey, and Guernsey). Hence, in dealing with probate, it is imperative for individuals to be familiar with the relevant probate laws and regulations as stipulated by the country they reside in.
Jersey’s probate law, for example, differs in numerous ways. A few important variants have to be noted and highlighted in deals relating to probate in Jersey. These include:
• The movability or immovability of the estate
• The deceased individual’s residence
• The estate’s value.

Some differences between Jersey and UK probate laws are outlined below.
Deceased Individual’s Residence
In the event that the deceased individual’s residence is on the British Isles, to handle the deceased’s estate, the executor is required to be present in Jersey. Peradventure the executor is unable to come to the Island of Jersey, a Jersey lawyer would be required to act in their stead. UK probate lawyers cannot carry out this role, only an Island of Jersey advocate can.

Grant of Probate Application

A grant of probate application can be filed online by individuals in the UK. On approval, the person named in the Will or executor can then handle the deceased individual’s estate.
Conversely, this process can become complex and complicated in Jersey. Should the deceased individual have both movable and immovable estate, two Wills would ideally be required. An executor is not required for an immovable estate’s Will. In this case, the heir takes possession of the land or property, and the payment of stamp duty is required. However, for movable estate, the Will must name an executor, who will then have to submit a grant of probate application to handle the deceased’s estate.
Interestingly, if the deceased individual had estate in the UK and Jersey, getting a grant of probate in the United Kingdom alone will not cover the Jersey estate. Before the executor is given the movable estate in Jersey, a separate grant of probate in the Island of Jersey is required.

 

Jersey’s Fast Track Probate

Unique to Jersey, the fast track probate is applicable only if the deceased resided in the British Isles. This means that if an individual already has a United Kingdom grant of probate, his Jersey’s application for probate can be fast-tracked. To apply, the grant of probate from the UK will be required, as well as the Will, death certificate, and the Jersey estate’s accurate valuation. Further documents and information may be requested by the registrar before granting probate.

Fees involved

By April, in England and Wales, £6,000 would be the highest probate fee an individual will have to pay on an estate. However, in Jersey, such fees do not apply. Apart from stamp duty (payable only if the estate is worth more than £10,000), no payment of estate duty or inheritance tax is required. The fund holder decides whether an estate valued at below £10,000 requires a grant of probate.

Filed Under: Chattels Valuation Tagged With: crown dependencies, Grant of Probate Application, jersey fast track probate, probate contents valuation

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Oct 6, 2020
by Edward Harvey on Avery Associates
Probate Contents Valuation London

Dear Jeffrey, Following your recent valuations, one for the property and the other for personal belongings etc, at the property in Lower Road London... Read More

Oct 5, 2020
by Mr Wood on Avery Associates
House Clearance In Oxford

Dear Jeff. I can not thank you enough . The house clearance wen like clock work. What a great team you sent me. Mr Wood

Oct 5, 2020
by Michael Hasning on Avery Associates
House Clearance Abingdon

“Avery Associates have supported me as the Executor to my late mother’s estate. In the first instance I found their website an excellent source of information... Read More

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