In Jersey, a mechanism exists whereby a British Grant issued in the estate of a British domiciled person can be re-sealed via what is known as the 'fast track' process. Introduced by the Probate (Jersey) Law 1998, this process is essential - and is in fact a legal requirement - when a British domiciled individual leaves assets in Jersey which have a date of death value of more than £10,000.
The fast track process is only available for British domiciled estates where the deceased was domiciled in either England and Wales, Guernsey, Scotland, Northern Ireland or the Isle of Man, and a corresponding Grant of Representation (Probate or Letters of Administration) must have been issued by the Court or Registry in the country of domicile. The application for the process must be made via a Jersey agent.
What information do I need to make a fast track application?
In order to make the application to the Jersey Court, the following documents will be needed:
- The original or a Court sealed and certified copy of the UK Grant;
- A court sealed and certified copy of the Will (if the deceased left a Will that covers Jersey). The copy Will should be certified by the Registry that holds the original and the seal of the Registry should be clearly visible on each page;
- A certified copy of the death certificate;
- Details of the date of death value of the assets based in Jersey in the form of a copy of a letter or statement from the asset holder;
- Identification documents from the executors or administrators named on the British Grant. We will require a copy of your passport or driving licence and proof of their current residential address, dated within three months, and these documents should be properly certified as true copies.
How do I make a fast track application?
The easiest way to progress matters in a fast track estate is to initially e-mail copies of all of the above documents to Collas Crill to review (probatejsy@collascrill.com). Our experienced team can then review these and confirm that they are suitable to take forward in this type of application, or flag any potential issues. We can also confirm our fees and the stamp duty that will be due.
What fees are associated with a fast track application?
Stamp duty is payable to the Jersey Court when the application for the Jersey Grant is made. Stamp duty is calculated based on the date of death value of the Jersey situs asset only, which is rounded up to the nearest £10,000 for the purpose of the calculation. It is charged at the rate of 0.5% on the first £100,000 of value and then at £75 per additional £10,000 or part thereof thereafter. There is also an £80 application fee payable.
We hope that this guide helps, but do please reach out to our Jersey Wills, Probate and Estate Planning team know if you have any further queries.
