Skip navigation

Registering a will of real estate (immovable property)

Personal Applications to Register a Will of Immovable Estate

Applications to register a Will of Immovable Estate are normally made through the office of a Jersey lawyer, however in certain instances a personal application may be made by one or more of the devisees to the Will.

In making a personal application it will be necessary to make a preliminary telephone call to the Public Registry (All initial enquiries should be directed to the Registry Officer, telephone: +44 (0) 1534 441318) to establish that the correct person is making the application and to ensure that the correct documents and information are available.

The initial application must be supported by the following documents:-

  • A copy of the Will (and any codicils) – The original Will is required for registration.

  • In certain circumstances two independent property valuations from separate estate agents. (The applicant(s) will be advised if these are required)

  • Death Certificate

  • Proof of identity of the applicant(s) i.e. birth certificate or passport.

  • Copy of a utility bill of the applicant(s)

  • A covering letter with contact details of the applicant(s)

Where the will devises all the immovable property of the testator to those persons to whom the property would have passed on an intestacy and in the same shares there is no need to provide valuations but it will be necessary to attend before a Notary Public/Advocate/Jersey Solicitor to swear an Affidavit confirming these facts. 

In all other cases stamp fee is calculated on the net value of the estate.  Please note that in this case it will be necessary to obtain two independent valuations from estate agents.  Valuation should be as at the date of death.

Once you have all the above documents, they should be delivered to the Judicial Greffe marked for the attention of the Registrar of Deeds who will then prepare the necessary documents, including if it is required the affidavit which you must take to have witnessed by a Notary Public/Advocate/Jersey Solicitor.  The Registrar will also advise you what the stamp fee is, which you will need to pay when you come to register the Will.

As a general rule an Act of the Royal Court ordering the registration of the Will together with a copy of the Will will be available for collection within 10 days.  Under no circumstances can the Will be registered until the stamp duty has been received.

Please note that the Judicial Greffier reserves the right to refuse to register a Will on Personal Application if any complication is apparent upon which the applicant should seek legal advice.