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Jersey probate policy regarding discharged bankrupts being executors to a Jersey estate
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.
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