Royal Court of Jersey
RC21/04
Confirmation of Value of Contents contained within Hereditary Contracts
In
certain cases, the Judicial Greffier needs to confirm
the value of contents where in the Greffier’s opinion
the value of those contents appears to be proportionately high. As the Judicial
Greffier is not personally able to verify the actual
value of the contents, the Greffier will necessarily
rely upon the confirmations and undertakings of the parties.
The
benefit of the concession sought lies with the purchasers. To that end, and in
order for the Judicial Greffier to be satisfied that
reasonable investigations were carried out, prior to the passing of the
contract the Greffier will require confirmation in
writing (signed by the purchasers) attaching a copy of the inventory. The confirmation
must state that, to the best of their knowledge, the figure claimed is accurate
at the time of passing contract and represents an appropriate value for the
contents in the inventory.
Interpretation
of Matrimonial Home
Stamp
Duty is reduced to a nominal rate when the transaction relates to the transfer
of the matrimonial home (either joint ownership to sole or vice
versa).
The
Judicial Greffier shall apply a broad interpretation
to 'matrimonial home'. The Greffier shall, on written
application, in instances where two people in a relationship have been living
continuously as a couple in the property for a period of 12 months or more
immediately prior to the passing of the contract, be prepared to deem their
property to be the 'matrimonial home' whether or not they are married or in a
civil partnership.
To
benefit from this practice, the couple must deliver to the Judicial Greffier a statement of the relevant facts, signed and
dated by both parties. The statement should include:
- the full names of the parties
- the address of the property
- the length of time the parties have been in a
relationship together whilst living in the property
- a request to be granted dispensation in
accordance with this statement of practice
This
Practice Direction will come into immediate effect.