Register foreign authorities in Jersey
To register an enduring power of attorney (EPA) or a lasting power of attorney (LPA) in Jersey that was first registered in the British Isles, you will need to provide the following to the Judicial Greffe:
- A cover letter addressed to the Judicial Greffier c/o of the Probate & Protection Division explaining your application and where to return the registered power of attorney
- A Representation completed by you substantially in the form set out in the following Exemplar Representation.
- A copy of the original power of attorney certified as true by an authorised person. For this purpose an authorised person is a judge, magistrate, a barrister, solicitor, a lawyer qualified in the law of the place where the power of attorney was executed, a person authorized to take oaths or affidavits or the equivalent thereof by the law of Jersey or the law of the place of execution, a British consular official (or a person for the time being discharging the duties of such an official), or, if the donor of the power is a member of the British armed forces, an officer of those forces authorized to take affidavits
- The results of a search of the Register of the Office of the Public Guardian which first registered the power of attorney confirming that it continues to be valid and has not been revoked
- Documentary evidence of the donor’s assets in Jersey, for example a bank statement
- Certified due diligence for the applicant, including photographic ID and evidence of their residential address (dated within the last 3 months); and
- The registration fee of £330.00. Please contact the Judicial Greffe on (01534) 441360 for payment information
If you would like to engage a local law firm to assist you with this matter, a list of local firms can be found at Lawyers and notaries (jerseylaw.je).
To register a foreign lasting power of attorney (LPA) or equivalent in Jersey, you will need to provide the following to the Judicial Greffe:
- A cover letter addressed to the Judicial Greffier c/o of the Probate & Protection Division explaining your application and where to return the registered LPA.
- A Representation completed by you substantially in the form set out in the following Exemplar Representation
- A copy of the original LPA certified as true by an authorised person. For this purpose an authorised person is a judge, justice of the peace, magistrate, mayor, chief officer of any city or municipal corporation, a barrister, solicitor, a lawyer qualified under the legal system of the place of execution, a person authorized to take oaths or affidavits or the equivalent thereof by the law of Jersey or the law of the place of execution, a British consular official (or a person for the time being discharging the duties of such an official), or, if the donor of the power is a member of the British armed forces, an officer of those forces authorized to take affidavits.
- If the foreign power is not in the English language, an official translation of the document.
- If the foreign power has not been registered by a Court in the jurisdiction by which it purports to be governed, the Judicial Greffier requires the application to be supported supported by an affidavit of law clarifying the following:-
- the name and legal qualification of the person who drafted the foreign power
- the law firm and address that they work for
- the date that the foreign power took effect and whether there is any end date; who is the donor of the foreign power; who are the appointed attorneys (and if applicable, replacement attorney(s); when can the attorneys act; and how are the attorney(s) to make decisions (solely, jointly or jointly and severally)
- in which jurisdiction, and if applicable under which law, the foreign power was executed
- whether the foreign power needs to be registered by the Court (or the equivalent) in the jurisdiction of execution (and if registered when that was or will be done)
- where the foreign power is valid (for example, whether it is limited and is jurisdiction specific or worldwide – are there any geographical limitations?)
- confirmation that when the foreign power was executed the donor had capacity to execute and whether the foreign power continues to be valid if the donor subsequently loses capacity; and
- whether the donor enjoys or has lost capacity currently
- Documentary evidence of the donor’s Jersey assets, for example a bank statement.
- Due diligence for you (the applicant), including photographic ID and evidence of your residential address (dated within the last 3 months), certified as a true copy by an authorised person.
- The registration fee of £330.00. Please contact the Judicial Greffe on (1534) 441360 for payment information.
If you would like to engage a local law firm to assist you with this matter, a list of local law firms can be found at Lawyers and notaries (jerseylaw.je).
To apply to the Royal Court of Jersey requesting it registers a foreign Court Order in Jersey, you will need to provide the following to the Judicial Greffe:
- A cover letter addressed to the Judicial Greffier care of the Probate & Protection Division explaining your application and where to return the Act of Court.
- A Representation completed by you substantially in the form set out in the following Exemplar Representation
- The original or a sealed and certified true copy of the foreign Court Order from the originating Court.
- If the Court document is not in the English language then an official translation of the document.
- Documentary evidence of the assets in Jersey belonging to the person you are authorised to act for, such as a bank statement.
- Due diligence for you (the applicant), including photographic ID and evidence of your residential address (dated within the last 3 months), certified as a true copy by an authorised person. For this purpose an authorised person is a judge, justice of the peace, magistrate, mayor, chief officer of any city or municipal corporation, a barrister, solicitor, a lawyer qualified under the legal system in your jurisdiction, a person authorized to take oaths or affidavits or the equivalent thereof in your jurisdiction, a British consular official (or a person for the time being discharging the duties of such an official).
- Payment of the Court fee of £330.00. Please contact the Judicial Greffe on (01534) 441360 for information on how to make payment.
Once the Judicial Greffe has received all the required paperwork, the application will be considered at the next available Court sitting. Following Court, the Judicial Greffe will prepare an Act of the Royal Court of Jersey recording its decision and send this on to you.
If you would like to engage a local law firm to assist you with this matter, a list of local law firms can be found at Lawyers and notaries (jerseylaw.je).