Making a Will
No matter how large or small your estate, there are important reasons for preparing a will. For example, a will provides certainty for your loved ones at a time of sadness and ensures that your estate is distributed in accordance with your wishes.
It is vital that wills are drafted and executed in accordance with Jersey Law and homemade wills should be treated with caution. Therefore it is advised that you should always consult a lawyer to prepare and advise on your wills.
It is prudent in Jersey to draft separate wills of movable and immovable estate as the wills are registered in different places following your death.
For more information on wills and to find out how simple and inexpensive your peace of mind can be please contact our wills and probate team.
The law of a person’s domicile will govern how their estate devolves on their death. Simply speaking a person is domiciled where the permanent home is situated. However, in cases of doubt, legal or tax advice may be required.
Where a person dies leaving a valid will of movables they are said to have died testate and in order to collect in the assets and administer the estate, a Grant of Probate is required. The Executor named in the will of movables is the person who is entitled to apply for a Grant of Probate at the Probate Registry at the Judicial Greffe and is charged with administering your estate and distributing your assets in accordance with the terms of your will. It is possible for your lawyer to be appointed as your Executor and Le Gallais and Luce has its own executor company which you may choose to appoint.
Where a person dies having made no will of movables they are said to have died intestate and in order to collect in the assets and administer the estate, Letters of Administration are required. An administrator will need to be appointed and the law determines who can be appointed.
Do you require assistance to obtain a Jersey Grant of Probate/Letters of Administration using the “Fast Track” Application?
Where a person dies domiciled in Guernsey, England, Wales, Scotland, Northern Ireland or the Isle of Man and a Grant of Probate/Letters of Administration has been obtained in that jurisdiction, a simplified process known as a “fast track” application can be made in Jersey to deal with assets in this jurisdiction. The documents required are straightforward and as a result, the application process in the Island is simplified and keeps costs to a minimum.
The documents required to make the fast track application are:
- The original death certificate;
- A Court Sealed and Court Certified copy of the Grant of Probate/Letters of Administration from the deceased’s country of domicile, together with all pages of the Will and any Codicils thereto. These must bear the original Court Seal and Certification to confirm that it is a true copy. Office copies, sealed copies or a copy certified by a solicitor is not acceptable to the Jersey Probate Court;
- Confirmation letter/valuation from the Jersey asset holder(s) of the date of death value of the Jersey assets.
Upon receipt of the required documents, we will prepare the Oath to be sworn by the executors/administrators. Once the Oath is returned, the application for the Jersey Grant canl be made and the Jersey Grant will be issued within 3 – 5 working days from the date of the application.
Stamp duty is payable to the Jersey Court at the time of the application. This is calculated in accordance with the value of the assets situate in Jersey. We can confirm the amount payable on confirmation of the value of the Jersey assets. An application fee of £80 is also payable to the Jersey Probate Court in every estate.
We charge a fixed fee of £650 plus GST at 5% for this service. However, if the matter is not straightforward we reserve the right to charge additional fees on a time spent basis in accordance with our standard terms and conditions.
Le Gallais & Luce has been administering probate matters for local and foreign domiciled individuals sensitively and professionally for over 90 years and is recognised as being one of the leading Probate teams in Jersey. For more information please contact our Wills and Probate Team – firstname.lastname@example.org.
Powers of Attorney and Curatorships
Powers of Attorney
A general Power of Attorney is a short document which appoints a person to be your attorney. The Power of Attorney grants the named attorney power to act on your behalf to perform any act which you can lawfully do. In order for the attorney to act on your behalf you must maintain sufficient mental capacity to issue instructions. Should the time come when you no longer have sufficient mental capacity to give instructions then the attorney must cease to act.
Where a person (“the interdict”) no longer retains sufficient mental capacity to give instructions and is incapable of managing their own affairs, a curator will need to be appointed. The curator will be appointed by the Royal Court and is responsible for managing the property and financial affairs of the interdict. The authority of a curator does not extend to managing the medical and care needs of the interdict. An inventory of the interdict’s property will need to be filed with the Royal Court following the commencement of the curatorship and annual accounts will also need to be filed.
At Le Gallais & Luce, we manage and administer a number of curatorships and would be happy to advise you and answer any questions you may have.
For more information on any of the above matters please contact our wills and probate team.