Through our executorship company Carey Olsen Executors Jersey Limited we provide a professional estate administration service for family members, individuals, lawyers, or other professionals who are acting as executors or administrators who are heirs of a deceased person’s estate.
WHY DO I NEED A JERSEY GRANT OF PROBATE OR ADMINISTRATION?
Jersey is an independent legal jurisdiction for estate administration purposes. When a person dies leaving assets in Jersey in their sole name with a value of over £10,000, their personal representative must obtain a Jersey Grant of Probate or Administration in order to receive the Jersey assets. If the value of the estate is under £10,000 a small estates exemption may apply. It is not possible to “re-seal” a Grant from the UK or a foreign jurisdiction.
The Jersey court issues a Grant of Probate if the deceased left a Will or a Grant of Administration if they died intestate.
If assets are held in joint names, the assets will usually pass to the surviving account holder on production of the death certificate.
BRITISH DOMICILED ESTATES
If a person dies domiciled in Britain and a corresponding British Grant of Representation has been obtained, an application for a Jersey Grant can be made under the ‘Fast-Track’ process. This must be made through the office of a Jersey agent such as Carey Olsen. Please see our Fast-Track factsheet for more information.
WILL OR INTESTACY?
If the deceased died without making a Will he is said to have died “intestate” and we need to find out who is entitled to administer the estate according to the laws of the deceased’s country of domicile. This may be established by production of a foreign grant, declaration or notarial certificate.
WHAT IS AN EXECUTOR/ ADMINISTRATOR?
An Executor is the personal representative of the deceased who is named in the Will. An Administrator is the person appointed as the personal representative in an intestate estate. An application for a Grant for the estate of a non-Jersey domiciled individual requires a personal appearance in the Royal Court of Jersey by the Executor or Administrator or their duly appointed local agent. Carey Olsen Executors Jersey Limited is our in-house executorship company which provides an independent estate administration service including acting as agent for a non-Jersey Executor or Administrator.
WHY IS DOMICILE IMPORTANT?
The deceased’s domicile will usually be the place where they lived and intended to stay for the rest of his or her life. If a British or foreign Grant of probate/ administration or equivalent has already been obtained then this may already be evident. In cases of doubt, expert legal advice may need to be obtained. This information is important as the rights to inherit assets are usually governed by the provisions of the law of the deceased’s domicile.
“We need to find out who is entitled to administer the estate.”
WHAT DOCUMENTS ARE REQUIRED?
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All original documentation will be retained permanently by the Jersey Probate Court.
There are no death duties, estate duty, inheritance taxes, capital gains taxes or value added taxes on foreign domiciled estates. However, Jersey Stamp Duty is payable to the Royal Court of Jersey upon application for the Grant at a rate of 0.5% of the date of death value of the Jersey assets (rounded up to the nearest band of £10,000) on estates with a value of up to £100k and at a rate of £75 per each additional £10,000 (or part thereof) thereafter.
Jersey Estate sworn not to exceed:
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A £80 application fee is also payable in every estate.