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Foreign probate in Jersey

Non Jersey Domiciled Deceased

Foreign probate relates to an individual who has died outside of Jersey and the fast track jurisdictions (England, Wales, Scotland, Northern Ireland, Guernsey, and the Isle of Man) but has movable assets in Jersey.

In circumstances where an individual has died outside of Jersey and the Fast Track procedure does not apply, much depends on whether the deceased left a will covering Jersey assets or not and on whether a grant of probate or the equivalent has been obtained in the foreign jurisdiction of domicile.

Where a grant of probate or its equivalent has been obtained the following is required:

  • A court sealed and court certified true copy of both the grant of probate or the equivalent and the will where appropriate
  • An original or certified true copy of the death certificate

Where the deceased did not leave a will covering Jersey assets and no grant or its equivalent is being obtained the following is required:

  • An Affidavit of Law from a lawyer in the jurisdiction of domicile setting out the circumstances of the case and detailing (a) the person/s entitled to inherit the estate and (b) those entitled to administer the estate and therefore entitled to apply for the Jersey grant
  • An original or certified true copy of the death certificate

There are other circumstances in which an Affidavit may be necessary, for instance where no Executor appointed in a will. Affidavits submitted to the Jersey Probate Registry must be in a certain format. For that reason we must see a draft of the Affidavit before it is sworn.

Where documents are in a foreign language an official certified translation is required.

Applications for Probate in Jersey (other than Fast Track applications) must be made in person. To avoid the necessity of coming to Jersey it is possible for the Executor or Administrator to appoint an attorney in Jersey to appear before the Registrar of Probate and make the application.

From the above documents we prepare a power of attorney in favour of our in-house executor company, Viberts Executors Limited, to be signed by the Executor or Administrator. This power of attorney is used solely for the purpose of applying for the Jersey probate and dealing with the collection and distribution of the Jersey assets.

All documentation submitted in support of the application (other than the death certificate) is retained at the Probate Registry, including any original wills submitted.

What else is required?

In addition to the documentation detailed above we require the following:

  • Copies of any other wills made by the deceased (official translations where necessary)
  • Confirmation that there are no debts due to creditors in Jersey
  • Confirmation that the deceased never resided in Jersey
  • Information as to the source of the Jersey wealth of the deceased
  • The value of the Jersey assets as at date of death
  • Provision for stamp duty
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