Do I need a separate Jersey Will?
If you have more than £30,000 of assets in Jersey, the asset holder will legally require a Jersey Grant of Probate (or Letters of Administration if there is no Will) before releasing the assets to your executor or personal representative.
You do not always need a separate Jersey Will if your existing Will clearly and validly covers your Jersey assets. However, in many cases there are significant advantages in having one.
Benefits of having a Jersey Will
| 1. | Faster probate process | A Jersey Will simplifies the probate process and allow Jersey assets to be dealt with without waiting for probate in your home jurisdiction, which can often be time-consuming and costly. |
| 2. | Asset protection | It can protect assets from being subject to intestacy laws which may not be favorable in your home jurisdiction. |
| 3. | Aid with inheritance tax (IHT) | It can speed up tax settlement in other countries by enabling quicker access to the Jersey assets. |
| 4. | Local executor option | You can appoint a Jersey executor to make the process easier and more cost-effective. If the executor holds the Jersey Will, probate can be obtained within a few weeks with just the death certificate and asset details. |
What to consider when making a Jersey Will
Making a will is an important step in ensuring your assets are dealt with in accordance with your wishes. If you own assets in Jersey, or have connections to the Island, there are a number of key factors to consider when putting a will in place.
Domicile
Your domicile is your permanent home. This is not necessarily the country where you currently live, but rather the place you consider to be your long-term home often where you intend to retire or spend your final years.
Domicile is particularly important because it can determine:
- Which legal system applies to your estate
- Who is entitled to inherit your assets
- Whether tax may be payable on your worldwide estate
Understanding your domicile position is therefore a key first step in effective estate planning.
Executors
An executor is the person (or people) appointed in your will to administer your estate. Their responsibilities include:
- Collecting and safeguarding your assets
- Paying any debts and liabilities
- Distributing your estate to your chosen beneficiaries
You may appoint one or more executors. These can be family members, friends, beneficiaries, or professional advisers.
In addition, we offer an independent executorship service through our in-house company, Le Gallais & Luce Executors Limited, which can help to simplify and support the probate process in Jersey.
Assets
Before making a will, it is helpful to prepare a clear list of your assets and where they are located. This ensures that your estate planning takes account of your full financial position.
It is important to note that assets themselves are not listed in your will, as they may change over time.
You should also be aware that assets held in joint names will normally pass automatically to the surviving joint owner and are not governed by your will until the death of the survivor of you.
Next steps
If you are considering making a Jersey will, or would like to review an existing one, we recommend completing our will questionnaire [Link]. This helps us understand your circumstances and provide tailored advice.
Alternatively, the Wills & Probate team at Le Gallais and Luce would be happy to assist you with any questions.
Stamp Duty (Probate Fees in Jersey)
Stamp duty is payable when applying for probate in Jersey:
- Up to £10,000: No fee
- Up to £100,000: £50 per £10,000 (or part of it)
- £100,000 to £13,360,000: £500 for the first £100,000 + £75 per additional £10,000
- Over £13,360,000: £100,000 maximum fee
There is also a fixed administration charge of £107 for all applications
