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Amendments to the Probate Law

Changes to the Probate Law

Changes to the Probate (Jersey) Law 1998 came into force on the 27 October 2023. They provide new arrangements for the management of movable assets situate in Jersey, where the value of moveable estate does not exceed £30,000, subject to certain conditions.

The aim of the amendments is to allow asset holders to release moveable estate to another person, where they have agreed to be accountable for the moveable estate of a deceased, for example:

  • executor of a will
  • a family member
  • beneficiary of an estate

Moveable estate

Moveable estate, also referred to as personal property, is personal property that can be moved, such as:

  • bank accounts
  • shares
  • investments
  • cash
  • jewellery
  • personal effects
  • furniture
  • paintings
  • share transfer property

as opposed to property that cannot be moved, 'Immoveable property'.

For all exemptions summarised below a holder who releases estate in good faith in line with the changes to the law will be protected from action being brought on behalf of an estate.

The exemptions are not mandatory, and a holder of personal property will still be able to insist on a grant being obtained.

New offences

Knowingly providing false information when making an application for the release of a deceased's personal property is an offence under the new law.

Exemption for Small Estates

This exemption provides that a person does not need to provide a Grant of Probate or Letters of Administration to a person who is holding (the holder) the personal property of a deceased. The exemption allows the holder to release the personal property, providing it is held in Jersey, and

  • the deceased was domiciled in Jersey and the gross value of their worldwide moveable estate does not exceed £30,000
  • the deceased was non-Jersey domiciled, and the total value of the person's moveable estate situate in Jersey does not exceed £30,000

Conditions that will need to be met before a deceased's personal property can be given to another:

  • the person requesting the personal property agrees to be held accountable for the personal property moved to them
  • the holder will need to ensure they're reasonably satisfied the person is entitled to the personal property under the terms of the deceased's will or under the law relating to intestate succession
  • there is no caveat in force. (A caveat prevents a grant from being issued. If there is a caveat preventing a grant being issued, no one can distribute a deceased's personal property)

This exemption will be of assistance to banks and other similar institutions or services.

Grant of probate (non-Jersey domicile)

Exemption for Particular Holders of Movable Estate

This exemption provides certain types of holders:

  • Care Home Managers
  • Chief Nurse
  • Care providers

who are holding the personal property of a deceased to give that personal property to another, providing certain conditions are met and there is no caveat in force.

A family member or friend of the deceased will need to complete and provide a form to the holder.

The applicant will be required to agree that they are accountable for the personal property released to them, meaning the holder will no longer be accountable for the personal property, providing the conditions set out in the changes to the law have been met.

Application to particular holder to release moveable estate form

Exemption for Items Worn by a Deceased Person

The law allows a funeral director to authorise a deceased to be buried or cremated with an item or items of their personal property, subject to certain conditions being met and there being no caveat in force.

The item or items will need to have been worn by the person or be with the person at the time of their death.

The applicant will need to provide a funeral director with a form if they would like the deceased to be buried or cremated with an item.

The applicant will be required to agree that they are accountable for the personal property released to them, meaning the funeral director will no longer be accountable for the personal property, providing that the conditions set out in the changes to the law have been met.

Application for exception in respect of items worn by deceased for funeral directors

Exemption for the Viscount acting as a Court Appointed Delegate

A grant will not be required if the Viscount is holding the moveable estate of a deceased and is satisfied the worldwide estate does not exceed £30,000. The Viscount will be able to release the estate to pay bonafide bills such as:

  • Funeral
  • care home
  • overpayment of benefits

Exemption for Estates to the Receiver General

A further exemption will also allow a holder to release the moveable estate of a deceased to the Receiver General, if after all reasonable efforts have been made they are unable to identify who an estate should be released to. The Receiver General will be able to receive the moveable estate without the requirement of a grant.