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Probate is the term used both for the Grant of Probate itself and the process involved in applying for the right to deal with the estate of someone who has passed away.
The person who administers the estate of someone who has passed away and named the person to carry out the administration in their Will is called an Executor. An Administrator is the person appointed as the personal representative for a person who died without making a Will or naming someone to administer their estate.
A Will is proved before the Royal Court of Jersey to be the last Will and Testament of a deceased person. Once the Grant of Probate is issued, the Executor can collect in and distribute the assets of the person who has died, in accordance with the Will.
If the person who has died did not make a Will then they are said to be “intestate”. The court will grant “Letters of Administration” and appoint an Administrator, this is normally the surviving spouse or eldest son, but other people can be appointed at the discretion of the Probate Registrar.
If the deceased held any bank accounts, investments, or other assets in their own name, and the total value was in excess of £30,000 the asset holder, subject to certain conditions being met, may release the funds without a Grant of Probate or Letters of Administration. You do not normally have to apply for a Grant of Probate/Letters of Administration if the deceased had assets in joint names as they often pass automatically to the surviving party, depending upon the wording of the mandate.
We can provide you with expert advice in all areas of probate work including the administration of a deceased person’s estate and assisting the Executor/Administrator to make an application for probate.
There are no death duties, estate duty, inheritance tax or capital gains tax in Jersey. Stamp duty is payable upon application for the Grant of Probate at a rate of 0.5% of the value of the assets at the date of death. This is rounded up to the nearest £10,000 on estates up to £100,000. For estates over the value of £100,000, there is a rate of £75 per each additional £10,000.
|Value (at date of death)||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|
Then, for each £10,000 add £75.
There is a maximum charge of £100,000 stamp duty which was introduced with effect from 1 January 2013.
The Probate Registrar will also charge a flat stamp duty fee of £80 on all applications. The Royal Court Probate Department may charge an additional fee for reviewing paperwork before an application which varies depending upon the number of papers to be reviewed, but normally is a minimum of £75.
If you would like more information about applying for a Grant of Probate, contact a member of our Estate Planning, Wills and Probate team who can assist you in all aspects of your application.
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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