If you’re dealing with Portuguese Probate, we can provide assistance to release the Jersey-based assets.
Probate Application for Portuguese Residents with assets in Jersey
Parslows are Jersey probate specialists.
If you are assisting with an estate of a Portuguese resident with Jersey assets, then you will need a probate specialist based in Jersey.
As Jersey is independent of the United Kingdom, an application for probate or letters of administration must be made in this jurisdiction.
We offer our clients a wealth of experience assisting quickly, efficiently, and as affordably as possible to release the Jersey assets.
What documents are required for Jersey probate?
The following documents are required to make a probate application in Jersey:
- copy grant of probate (or Letters of Administration) bearing the original seal and certification from the issuing Portuguese Court to confirm that it is a true copy
- a court sealed and certified copy of the Will (if the deceased dies testate)
- a certified copy of the death certificate
- copy correspondence from the Jersey financial institution requesting probate before releasing funds, confirming details of the Jersey assets maintained by the deceased and the date of death value.
tt should be noted that all probate documentation will be retained permanently by the Probate Registrar in Jersey.
Is there inheritance tax or stamp duty to pay?
Jersey does not have an inheritance tax, but it does levy a stamp duty. Stamp duty together with an administration charge is payable on all Estates over £10,000.00 in value. The duty is payable on the net value of the Jersey estate at the date of the Deceased death. It is charged at the rate of 0.5% of the value of the Jersey assets (which is rounded up to the nearest £10,000 for probate purposes) on estates with a value of up to £100,000 and at a rate of £75 per additional £10,000 thereafter, namely:
| Value of Estate | Stamp Duty |
| £00.00 – £10,000 | Nil |
| £10,001 – £20,000 | £100 |
| £20,001 – £30,000 | £150 |
| £30,001 – £40,000 | £200 |
| £40,001 – £50,000 | £250 |
| £50,001 – £60,000 | £300 |
| £60,001 – £70,000 | £350 |
| £70,001 – £80,000 | £400 |
| £80,001 – £90,000 | £450 |
| £90,001 – £100,000 | £500 |
For each £10,000 thereafter (or part thereof) add £75. The Probate Registrar will also levy a flat stamp duty fee on all applications. This is presently £80. You should consult with an appropriate professional in the deceased country as the deceased estate may be liable for inheritance tax or equivalent under the laws of their country of domicile.
How long does it take to obtain Jersey probate?
Once we have received the documents requested it usually takes around two to three weeks to obtain an appointment with the Probate Court to swear the Oath. Once the Oath is sworn it usually takes Court about a week to issue the Grant of Probate/Letters of Administration.
What happens once Parslows’ receive the Grant of Probate/Letters of Administration?
The Grant of Probate/Letters of Administration will allow us to obtain the Jersey assets from the relevant financial institution in accordance with the executor’s/administrator’s instructions.
