PROBATE (AMENDMENT) (JERSEY) LAW 2023 in force 27th October 2023
30/10/2023
The PROBATE (AMENDMENT) (JERSEY) LAW 2023 is a law that amends the Probate (Jersey) Law 1998, which governs how a deceased person’s movable estate (such as cash, jewellery, clothes, furniture, and paintings) should be handled in Jersey.
The law was adopted by the States of Jersey on 23rd May 2023, sanctioned by Order of His Majesty in Council on 11th October 2023, registered by the Royal Court on 20th October 2023, and came into force on 27th October 2023.[see Comsure post below]
The primary purpose of the law is to provide for new arrangements relating to the management of the movable estate in Jersey in certain limited circumstances and only where the total value of that movable estate does not exceed more than £30,000.
The law allows holders of movable estate (such as banks or care providers) to release it to applicants (such as family members or friends) without the production of a grant of probate or administration, which is usually required to establish the right to recover or receive the deceased person’s estate.
The law also clarifies that only an individual or a trust corporation can apply for a grant of probate or administration and make ancillary changes.
The law aims to make it easier for some property items to be inherited following a person’s death in Jersey, especially for low-value estates with little complexity. The law also addresses the concerns of the care sector about the offence of intermeddling, which happens when a person takes possession of, or in any way administers, a deceased person’s property before a grant of probate or administration. The law provides protection for holders and applicants who act in good faith and comply with the conditions set out in the law.
Source
Comsure Posted the following in MAY.
The Draft Probate (Amendment) (Jersey) Law 202- was lodged au Greffe on 31 March 2023 by the Chief Minister and will be debated on 23 May 2023.
The main relevant change would be
- To increase the limit to £30,000 from £10,000 where no grant of probate is required provided certain conditions are met.
There are some other proposed limited changes to
- Allow care homes to hand over some personal property to relatives without it being intermeddling and
- Funeral directors may allow certain items to be buried with the person provided certain conditions are met.
Source
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.