Henry Wickham
Partner | Legal
Jersey
Partner
Jersey
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Insight
02 November 2023
Jersey
2 min read
Updates to the Probate (Jersey) Law 1998 have simplified the management of movable estate in Jersey. Banks and other financial institutions should familiarise themselves with the new requirements.
Under the Probate (Jersey) Law 1998 (the Probate Law), a grant of probate or administration is obtained in order to manage a deceased person's movable estate (personal property that cannot be moved, such as cash, jewellery and clothes) where the total value of the movable estate exceeds the amount prescribed within that law. Prior to the updates, this value was set at £10,000.
The amendments, which are effective from 27 October 2023, provide that personal property may be released without a grant in the following limited circumstances:
The Probate Law already contained certain safeguards which continue to apply. An applicant for the deceased's movable property must confirm:
There is a new criminal offence of knowingly providing false information when applying for the release of personal property.
The amendments provide a welcomed sense of flexibility for beneficiaries of small value estates.
Importantly, it will remain a criminal offence to take possession of or administer movable property prior to a grant unless a relevant exemption applies. It is therefore essential for banks and other financial institutions to review any relevant policies or procedures relating to the release of personal property to ensure they continue to operate in accordance with the updated Probate Law.
If you have any questions about the new requirements, please contact one of our team who will be happy to assist.
Henry Wickham
Partner | Legal
Jersey
Partner
Jersey
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Nathalie Roberts (nee Le Cuirot)
Associate, Estate Planning, Wills and Probate | Legal
Jersey
Associate, Estate Planning, Wills and Probate
Jersey
Contact Nathalie
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Fiona Lilleyman
Probate Manager | Legal
Jersey
Probate Manager
Jersey
Contact Fiona
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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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