Jersey and its laws on probate are different to the laws on probate relating to England. That’s because Jersey is in a separate jurisdiction, and has its own bod
y of law.
Once probate is obtained in Jersey, through the Greffier’s office, there is no death duty, estate duty, inheritance tax, or capital gains tax to be paid. Stamp duty may be required, however, and it depends on the estate that is left behind. The amount to be paid is assessed on the net value of the estate, and is paid at 0.5% for the first £100,000 and 0.75% on anything over that. The maximum stamp duty value that can be paid is £100,000.
It is possible to fast track the process of probate in Jersey is the assets belonging to a citizen of the UK, including the Isle of Man or Guernsey. However, the Grant of Probate must have been obtained first in the original jurisdiction.
If there are any disputes regarding the will, Jersey law has a stipulation within it that means the person who is claiming that the will is incorrect can be provided for. The will is effectively set aside, and the person who requires the money is paid. What is left over is given to the spouse, assuming there is one, otherwise it will go to other family members. This is called a reduction ad legitimum modum. This claim has to be made within one year and one day of the death.
A will in Jersey can be made by anyone who is aged 18 or over, or anyone under that age who is married, since Jersey law allows marriage to take place at 16 with the written consent of parents or guardians.