Why should I have Guide to Wills

& Probate for

a Jersey Will? individuals domiciled

outside Jersey

If you have an existing Will in place that you intend to cover your Jersey assets
held in your sole name or joint names (bank accounts, investments, shares in a
Jersey registered company) then provided it is not restricted to the jurisdictions
it covers and that it does not refer to Jersey as being a part of the UK (it isn’t)
then that Will can be probated in Jersey; however, there are advantages to
having a separate Will in place to cover your Jersey assets only.

Advantages of a Jersey Will How do I make a Will in Jersey?

• A Jersey Will can be ‘probated’ simultaneously
with a Will or Wills in other jurisdictions.
• If you are reliant upon a ‘worldwide’ Will then
probate in Jersey cannot be granted until
probate (or equivalent) has issued in your
jurisdiction of domicile first. If that takes a
substantial time then your Jersey assets will be
inaccessible until after that date.
• With a Jersey Will in place the application for
probate is very straightforward and can take
as little as two weeks from the date of death.
The Jersey Grant of Probate issues within days
of the application.
• The Jersey assets can be utilised to settle tax
liabilities in other jurisdictions and fund the
living expenses of your beneficiaries.
The process is simple and we can assist you with
this. Your Jersey Will can mirror any other Will you
may have.
Is a Jersey Will valid even if I don’t
live in Jersey?
In your Jersey Will you can leave your Jersey assets
to whomsoever you choose; however, if the Jersey
Will were ever to be challenged (perhaps because
there are rules of forced heirship in your home
jurisdiction) then the Jersey courts would apply the
succession laws of the jurisdiction of your domicile
and not Jersey law.
What is a ‘Grant of Probate’?
Probate is the legal process by which your Will is
‘proved’ in the Royal Court of Jersey and accepted

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as a valid document that is your last testament. A
‘Grant of Probate’ is the order of the Royal Court
proving that Will and the appointment of your
named executor to act.
A Jersey Grant of Probate (where there is a Will) or
a Jersey Grant of Letters of Administration (where
there is no Will) is required in order to release assets
of a non-Jersey domiciled deceased person held
in Jersey where the total value held by any holder
exceeds £10,000. Prior to the production of the
Grant of Probate access to your Jersey assets will
be prohibited.
Postal applications for a Grant of Probate are not
permitted in Jersey. If your executor is not resident
in Jersey it is possible for them to appoint an
attorney in Jersey to apply for the necessary Grant
of Probate and then to administer the estate in
Jersey. Alternatively, we have an executor company,
Preston Administration Limited, which can be
appointed to act as executor of the Jersey Will.
Does my family have to pay any
inheritance tax in Jersey?
There is no inheritance tax in Jersey; however stamp
duty is payable on the application for Jersey probate
and is charged at the following rates:
Where the net value of the Jersey Estate:
• Does not exceed £10,000: no fee
• Does not exceed £100,000: £50 for each
£10,000 or part thereof
• To exceed £100,000, but not to exceed
£13,360,000: £500 in respect of the first
£100,000 plus £75 for each additional £10,000
or part thereof
• To exceed £13,3660,000: £100,000
A further £80 stamp duty is payable on all
applications by way of an administration charge.
If you wish to send us instructions for making your
Will, please complete the Will Instruction Sheet
Domiciled Outside of Jersey.

Preston Legal’s Estate Planning & Capacity Clare Nicolle

Team provide expert guidance on Wills and Partner

estate planning. clare@prestonlegal.co.uk

If you would like to have an informal discussion about these Sarah Hope
matters please contact Clare Nicolle: clare@prestonlegal.co.uk, Chartered Legal Executive
Sarah Hope: sarah@prestonlegal.co.uk or Kirsten Rowe: kirsten@
sarah@prestonlegal.co.uk
prestonlegal.co.uk

This note is intended to provide a brief rather than a Kirsten Rowe

comprehensive guide to the subject under consideration. It Cilex Paralegal
does not purport to give legal or financial advice that may be kirsten@prestonlegal.co.uk
acted or relied upon. Specific professional advice should always
be taken in respect of any individual matter.

www.prestonlegal.co.uk
27 Hill Street, St Helier, Jersey JE2 4UA