We provide specialist Jersey Will writing services to clients who are residents or domiciled outside of Jersey but holding Jersey assets.
Wills for non-residents in Jersey
Parslows provide specialist Jersey Will writing services to clients who are residents or domiciled outside of Jersey but holding Jersey assets.
Any Will made outside Jersey may not account for the assets here in Jersey, and you can run the risk of becoming intestate upon death in such circumstances. If you do not have a valid Will or make a Will to cover your Jersey assets, then, upon your death, it will be necessary to obtain a Jersey Grant of Letters of Administration before your Jersey estate can be dealt with. The intestacy process must be completed in the country of domicile, and a court sealed and certified copy of the Letters of Administration (or equivalent) must be presented to the Jersey Court at the time of making the application for Jersey Grant. This can take time and incur costs.
Do I need a Jersey will?
Even if you already have a validly executed Will covering your worldwide assets, it may still be of benefit to have a Jersey specific Will. For example, if a person passes away leaving only one Will, the normal procedure is for this Will to first be admitted to Probate in the deceased country of domicile. This may take some time before the executor will be able to apply for probate in Jersey. It is therefore worth considering making a Jersey Will as this can be probated concurrently.
Do I need to consult with my lawyer in my country before making a Jersey Will?
Our team of Jersey estate solicitors would always suggest that you consult with a lawyer in your country of domicile before you finalise a Jersey Will. There may be a conflict of law issues between your home country and Jersey that will need to be considered.
What does domicile mean, and is it the same as residence?
Domicile may be different from your residence. Your domicile must be established as the rules relating to the distribution of your assets are governed by the laws of your domicile. You should consult your lawyer in your country if you have concerns as to your domicile.
What should be included in my Jersey Movable Will?
The intended beneficiaries of your assets and how you want your assets distributed.
Who you want to act as “executor” — the person who ensures your wishes are carried out as stated — of your will.
What if I die without leaving a Will?
If you die without a Will, the Jersey courts, upon application, will look to your jurisdiction of domicile to determine who will inherit your estate in Jersey using rules of intestacy pursuant to your country of domicile. This can take time and add to estate costs.
Can the holder of my Jersey assets agree to release the Jersey asset without Jersey Probate?
While the rules on Jersey probate permit the release of assets of £10,000 or below without probate, the reality of the situation is that financial institutions or other such asset holders will usually insist on formal probating. In essence, the Grant provides assurance that they accept instructions and release funds to the correct person.
Do I need to appoint a Jersey Executor?
It is not necessary to appoint a Jersey-based executor, albeit Parslows Executors Limited can provide this service. However, the executor or administrator must make a personal appearance in Jersey, or appoint a Jersey-based agent, such as a Parslows Executors Limited, to apply for the Grant of Probate or Letters of Administration.
What happens where my Will does not purport to cover my Jersey assets?
In circumstances where your Will does not mention your Jersey assets, it may be necessary to apply to the Royal Court by way of Representation for a ruling as to whether the Will extends to this jurisdiction. It would depend upon the wording of the Will and the intention behind the drafting, amongst other things.
While it is not essential to have a separate Will governing Jersey assets, there are benefits to having one in place: the Jersey estate is dealt with quickly and effectively as the only original documentation required to apply for Jersey Grant is the Jersey Will and the death certificate. Therefore, your executor can access your Jersey assets more swiftly and prioritise the assets tied up in probate in the country of domicile.
Our partner-led team of Jersey estate solicitors who deal with complex and high-value estates, often with international assets, have experts who deal with wills, estate planning and lasting powers of attorney.
