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ARTICLE · 28 NOVEMBER 2023

Changes To The Probate (Jersey) Law 1998

Carey Olsen
Carey Olsen
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The Probate (Amendment) (Jersey) Law 2023 came into force on 27 October 2023 and has introduced some flexibility for the management of a deceased person's movable (personal) property.

JerseyFamily and Matrimonial

The Probate (Amendment) (Jersey) Law 2023 came into force on 27 October 2023 and has introduced some flexibility for the management of a deceased person's movable (personal) property.

SMALL ESTATES EXEMPTION

The main change is to the exception for small estates. Under the previous regime it was necessary for someone to apply a grant of probate/letters of administration (a "grant") if a deceased person died leaving any movable property in Jersey of any value whatsoever. Furthermore, anyone who took possession of, or in any way administered, a deceased person's Jersey movable property without a grant could potentially face prosecution for the criminal offence of intermeddling. There was only one relatively limited exception to this strict requirement; a grant was optional if the deceased person was not domiciled in Jersey at the time of their death and the gross value of the deceased person's property in Jersey was under £10,000.

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