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.
