ASK MAT:- I have been aware of Jersey’s intermeddling offence when dealing with probate matters – but I’m unclear on the risks

ASK MAT:-

• I have been aware of Jersey’s intermeddling offence when dealing with probate matters – but I’m unclear on the risks

MAT SAYS

• Thank you for a great question, and yes, there is a risk of a financial crime when dealing with probate
• In Jersey, the intermeddling offence is the illegal act of taking possession of or administering a deceased person's movable estate without obtaining a probate grant.
• This is outlined in Article 23(1) of the Probate (Jersey) Law 19981.

BY WAY OF EXAMPLE:-

1. There have been two notable prosecutions for intermeddling offences in Jersey. These cases involved financial institutions:
1. Abu Dhabi Commercial Bank PJSC, Jersey Branch—This bank was prosecuted in 2018
2. Standard Bank Jersey Limited - This bank was prosecuted in 2019 for the same offence.

HERE ARE MORE DETAILS :

1. Abu Dhabi Commercial Bank PJSC, Jersey Branch (2018):
1. Offence: The bank was prosecuted for failing to maintain appropriate and consistent policies and procedures relating to customer due diligence measures and risk assessment to prevent and detect money laundering.
2. Details: Between 2013 and 2019, the bank failed to adequately monitor account activity and assess the risk of money laundering for two Middle Eastern customers. Large amounts of cash were withdrawn from their accounts without sufficient scrutiny, totalling over USD 1.2 million.
3. Outcome: The bank was fined £475,000 and ordered to pay £25,000 in costs.
2. Standard Bank Jersey Limited (2019):
1. Offence: The bank was prosecuted for failing to follow correct procedures after the death of a customer, which led to unauthorized transactions on the deceased’s account.
2. Details: After Grahame Anthony Dangerfield's death, the bank allowed his partner to continue using his account without obtaining the necessary probate documents. This resulted in transactions amounting to £9,552.4945.
3. Outcome: The bank self-reported the issue, cooperated with the investigation, and was fined £20,00045.
3. These cases highlight the importance of adhering to probate requirements and maintaining robust policies to prevent unauthorised transactions and money laundering.

Key Points:

• Intermeddling Offence:
• It is a criminal offence to Handle a deceased person's movable estate without a probate grant is a criminal offence.
• This can result in fines or imprisonment for up to 12 months.
• Probate Payments:
• The law has been updated to allow financial institutions to release up to £30,000 of a deceased’s estate without a grant of probate, provided certain conditions are met.

APPLYING FOR A GRANT OF PROBATE IN JERSEY INVOLVES SEVERAL STEPS. HERE’S A BRIEF OVERVIEW:

Steps to Apply for a Grant of Probate:

1. Determine Eligibility:
   1. Ensure you are the executor named in the will or the appropriate person to apply.
2. Gather Required Documents:
   1. Original will and any codicils
   2. Original death certificate or interim death certificate
   3. Funeral invoice and confirmation of receipt of the death grant
   4. Official confirmation of the value of the deceased’s assets and debts
   5. Photocopy of your ID (passport or driving licence)
3. Contact the Probate Registry:
   1. Before submitting your application, contact the Probate Registry at the Judicial Greffe to confirm you have all necessary documents and information.
4. Submit Documents:
   1. Forward the collected documents to the Judicial Greffe for the attention of the Probate Department, along with your contact details.
5. Swear the Oath of Executor:
   1. Once your documents are reviewed, the Probate Officer will contact you to schedule an appointment to swear the Oath of Executor. Appointments are typically available from Monday to Thursday (mornings only).

For more detailed information, you can visit the Courts of Jersey website. https://www.courts.je/judicial-greffe/probate-and-protection/probate-registry/personal-applications-for-a-grant-of-probate-jersey-domicile/

  To apply for a grant of probate in Jersey, you’ll need to gather the following documents:

1. Original Will and Codicils: If the deceased left a will, you need the original document and any codicils (amendments to the will).
2. Death Certificate: The original or interim death certificate.
3. Funeral Invoice: The invoice for the funeral expenses and confirmation of receipt of the death grant.
4. Asset and Debt Valuations: Official confirmation of the value of the deceased’s assets and debts.
5. Identification: A photocopy of your ID (passport or driving licence).

Before submitting your application, contact the Probate Registry at the Judicial Greffe to confirm that you have all the necessary documents and information.

GUIDANCE

1. Guidance from the Attorney General (AG) and other sources regarding intermeddling offences in Jersey is available and includes
   1. Attorney General’s Guidelines: The AG has issued guidelines clarifying when the Registrar of Probate must refer a case of suspected intermeddling to the AG. These guidelines also outline public interest factors the AG will consider when deciding whether to prosecute.
   2. Ogier’s Insights: Ogier, a law firm, has published insights on the intermeddling offence in Jersey.https://www.ogier.com/news-and-insights/insights/the-intermeddling-offence-in-jersey/.
2. These guidelines aim to ensure compliance with Jersey’s probate requirements and provide a clear framework for handling cases of suspected intermeddling.

SOURCE: 

1. Personal applications for a grant of probate (Jersey domicile). https://www.courts.je/judicial-greffe/probate-and-protection/probate-registry/personal-applications-for-a-grant-of-probate-jersey-domicile/.
2. Grant of probate (non-Jersey domicile) - Courts.je. https://www.courts.je/judicial-greffe/probate-and-protection/probate-registry/grant-of-probate/.
3. Grant of Probate (Jersey domicile) - Courts. Je. https://www.courts.je/judicial-greffe/probate-and-protection/probate-registry/grant-of-probate-jersey-domicile/.
4. The intermeddling offence in Jersey | Ogier. https://www.ogier.com/news-and-insights/insights/the-intermeddling-offence-in-jersey/.
5. Intermeddling In An Estate – How Serious is it? - Parslows Jersey. https://parslowsjersey.com/intermeddling-how-serious-is-it/.
6. Jersey - Intermeddling - Mourant. https://www.mourant.com/file-library/2018---media/2018---updates/jersey-intermeddling-%28oct--18%29.pdf.
7. Attorn e y General's Guidance Intermeddling in ... - Government of Jersey. https://www.gov.je/SiteCollectionDocuments/Crime%20and%20justice/ID%20AG%27s%20guidance%20on%20intermeddling%20July%202024.pdf.
8. The intermeddling offence in Jersey | Ogier. https://www.ogier.com/news-and-insights/insights/the-intermeddling-offence-in-jersey/.
9. Attorney General's guidelines and directives - Government of Jersey. https://www.gov.je/Government/NonexecLegal/LawOfficers/Pages/GuidelinesDirectives.aspx.
10. Judgments with connection to financial crime - Government of Jersey. https://www.gov.je/industry/finance/financialcrime/pages/judgments.aspx.
11. AG v Abu Dhabi Commercial Bank PJSC Jersey Branch 05-Feb-2020. https://www.jerseylaw.je/judgments/unreported/PDFs/%5B2020%5DJRC022.pdf.
12. Abu Dhabi Commercial Bank PJSC, Jersey Branch (ADCBJ) guilty and fined .... https://www.comsuregroup.com/news/abu-dhabi-commercial-bank-pjsc-jersey-branch-adcbj-guilty-and-fined-475-000/.
13. Standard Bank fined £20,000 for ‘intermeddling ... - Jersey Evening Post. https://jerseyeveningpost.com/uncategorised/2019/08/11/standard-bank-fined-20000-for-intermeddling/.
14. The intermeddling offence in Jersey | Ogier. https://www.ogier.com/news-and-insights/insights/the-intermeddling-offence-in-jersey/.
15. Standard Bank Jersey Limited fined £20k for letting woman use dead .... https://www.comsuregroup.com/news/standard-bank-jersey-limited-fined-20k-for-letting-woman-use-dead-partner-s-account-august-2019/.