If you are a non-Jersey Resident, we provide a wealth of probate legal expertise for applications of foreign estates in Jersey.
Jersey Probate Application for Foreign Estates (non-UK, Guernsey or the Isle of Man domicile)
Parslows are Jersey probate specialists.
Many individuals from around the world hold assets in Jersey, in particular bank accounts or investments. These assets may, for example, have been based in the United Kingdom, but subsequently moved to Jersey following restructure by the financial institution.
As Jersey is independent of the United Kingdom, an application for probate or letters of administration must be made to the Royal Court of Jersey Probate division to release assets situated here.
If you are an executor, administrator or beneficiary responsible for dealing with foreign assets, our international estate lawyers help you to navigate the Jersey legal requirements to release the Jersey assets.
How to apply for Jersey probate?
To apply for Jersey probate, you must make an application in one of the following ways:
- through a trust corporation/ law firm, such as Parslows Executors Limited
- by personal application with the appropriate person coming to Jersey
- by personal application with the appropriate person giving power of attorney to a third party (who can more easily travel to the Island)
Can we reseal a grant of probate from our country to speed up the Jersey probate application?
It is not possible to re-seal a Grant of Probate in Jersey, and, as such, you must make a full application for a Jersey Grant of Probate.
Can we use the fast track probate route to process to release the Jersey assets?
It is only possible to use the fast track Jersey Probate route if the deceased died domiciled in the United Kingdom, Guernsey or the Isle of Man.
I have obtained probate in the United Kingdom and, as such, can I not use this to release the Jersey assets?
Jersey is independent of the United Kingdom with its own government, laws and courts. As such, a grant of probate is required from the Jersey probate court to release jersey assets.
What documents are required for Jersey probate?
The following documents are required to make a probate application in Jersey:
- a certified copy of the death certificate.
- a Court sealed and certified copy of the Grant of Probate (or Letters of Administration) or equivalent, from the deceased’s country of domicile. This must bear the original court seal and certification to confirm that it is a true copy (it should be noted that from certain jurisdictions, we are able to accept a notarised copy of such document, provided that the original was prepared by a Notary)
- a Court sealed and certified copy of the Will (if the deceased dies testate) bearing the original seal and certification from the issuing Court or Notary to confirm that it is a true copy. An exemplification copy will usually suffice
- 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
it should be noted that all probate documentation will be retained permanently by the Probate Registrar in Jersey.
Is any other information required before making the Jersey probate application?
To enable us to proceed with the application we will require the following confirmations:
- that the deceased did not have any other assets or liabilities in Jersey
- that the deceased never resided in Jersey
- that the deceased has no tax liability in Jersey
- that the deceased left no other Wills or Codicils
Other confirmations may be required depending upon the circumstances.
Is inheritance tax applicable in Jersey?
Jersey does not have an inheritance tax, but it does levy a stamp duty. 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.
Is stamp duty payable to apply for probate in Jersey?
Stamp duty is payable to the Jersey Probate Court when the application for Jersey Probate is made. 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
|£00.00 – £10,000
|£10,001 – £20,000
|£20,001 – £30,000
|£30,001 – £40,000
|£40,001 – £50,000
|£50,001 – £60,000
|£60,001 – £70,000
|£70,001 – £80,000
|£80,001 – £90,000
|£90,001 – £100,000
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.
How long does a Jersey probate application take?
Once we have received the required documents from you, Jersey Probate Court usually takes about 5 working days to process the probate application in Jersey.
While fast track nor re-sealing procedures are not available to executors, administrators or beneficiaries from other countries, our team members are experts in their field. We offer a wealth of experience assisting you as quickly, efficiently, and affordably as possible to release the Jersey assets.
Natalie Jenner |View Profile