Death of NON-Jersey resident - release of Jersey assets
Updated 16 July 2019
Words you may need to know
Domiciled - resident, living in a particular place
Access - right to use
Assets - property, possessions
Possession - taking ownership of
Intermeddling - becoming involved with something without authority or right
Death of a person not domiciled in Jersey – access to assets
Article 19(2) of the Probate (Jersey) Law 1998 (‘the Law’) states that a Jersey Grant of probate is not required if, at the date of death, the value of the Jersey assets are less than £10,000. However, some institutions may insist on a Jersey Grant being obtained.
In cases where a person dies domiciled outside Jersey and the UK, Jersey institutions will often still insist on a Jersey Grant being obtained.
In all cases where the value of the Jersey asset is more than £10,000, the Law states that a Jersey Grant must be obtained in every case. If the Jersey asset is a Jersey bank account, then no monies can be released from the account, to pay for funeral expenses etc, until the Jersey Grant has been obtained. The account is frozen until Probate is granted.
If a person takes possession of, or deals with the Jersey asset without a Jersey Grant having first been obtained, Article 23 of the Law states that the person will be guilty of "intermeddling" and ‘shall be liable to a fine or to imprisonment for a term not exceeding 12 months, or both’.
In all cases where a Jersey Grant of Probate is required then the Executor/Administrator should take legal advice from a local lawyer because the Executor/Administrator will either have to visit Jersey in person to make the application for probate or appoint a lawyer in Jersey to act on their behalf.