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Policy on appointment of executors for a Jersey estate | Jersey Probate lawyers | Parslows Jersey

Jersey Probate policy Parslows JerseyJersey probate policy on discharged bankrupt being an executor for a Jersey estate

The Jersey probate policy of not allowing a discharged bankrupt to be appointed as the executor of an estate is long-standing and until recently has been without exceptions.

A recent case has been brought to determine whether this Jersey probate policy is absolute, or whether exceptions may be permitted.  The Court has now stated that exceptions will be permitted and set out the factors which will likely be taken into account in determining whether a discharged bankrupt is suitable to be appointed as a Jersey executor (without limitation as there may be others):

  • the length of time the bankruptcy continued;
  • how long ago the discharge took place;
  • whether there is any evidence of mal-practice leading up to the bankruptcy or during the bankruptcy;
  • how much was involved.

In the case in question the Royal Court determined that it was appropriate for the discharged bankrupt in question to be appointed as executor.

Jersey Probate Lawyers

Natalie Jenner | Partner | Jersey Probate

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