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Jersey 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.

How Parslows can help

Parslows probate team provide an exceptional service to all our clients.

Our probate lawyers are focused on providing you with expert advice with a truly personal service.

We advise on all aspects of probate law: whether it be advice on fast track probate or standard probate or whether you wish to challenge the estate we can assist.

Our clients are pleased with our service and fees, we are confident you will too.

For further information on Jersey Probate please do not hesitate to call + 44 01534 630530 and ask to speak to our head of Probate Natalie Jenner or email:

for UK fast track applications  fasttrack@parslowsjersey.com

for the rest of the world applications probateteam@parslowsjersey.com

The information and opinion expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows Jersey. We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it


Parslows Jersey are here to help with all your legal queries call us today on +44 (0) 1534 630530