Draft Representation

Representations to the Court

If, as a Curator, you need to spend a sum of money that is ‘more than modest’, you will need the Court’s permission. You ask permission by way of a representation.

Some things that require representations are:
  • Any sale of a house or flat
  • Renting out a house or flat
  • Anything involving a one-off expense of more than £2,000 or 10% of the interdict’s annual income (whichever is high, but an absolute maximum of £10,000)
  • Regular care expenses such as nursing home fees do not need a representation.
In your representation, explain what you wish to do, and why it’s of benefit to the Interdict. Provide back-up documentation – for example, if you want to sell a house, provide at least two valuations from estate agents.

To table a representation, provide four copies of the representation and four copies of the Jurats Consent Form together with the Court fee (£200 court stamps and £40 Jurat stamps) to the Judicial Greffe by 12 noon on Thursday. You will need to be present in Court the following day, Friday, by 9.20am to present your representation and answer any questions the Jurats may have.


IN THE ROYAL COURT OF THE ISLAND OF JERSEY
(SAMEDI DIVISION)


IN THE CURATORSHIP OF ………………………………..………...(insert full name of Interdict) (hereinafter called “the Interdict”)

……………………………………………………….….……...….(“the Curator”) (hereinafter called “the Curator”) has the honour to represent to the Court as follows:-

By virtue of an Act of the Royal Court dated the ………..……day of ………………….     20 ….. the Curator was appointed to manage the property and affairs of the Interdict.

That permission is hereby sought to …………………………………………………………………………………………………………...........................
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(here give details of the action which is being proposed)

That under Article 43 (17) of the Mental Health (Jersey) Law, 1969, it is necessary for application to be made to the Court for consent to such action.

Wherefore the Curator prays that the Court should appoint two Jurats to examine the application and report accordingly. 



Notes to this draft 
Please ensure that you provide a reason or reasons for making the Representation.  For example, that it is necessary to let or sell the Interdict’s house to raise capital to pay nursing home fees. 

Please ensure that you enclose copies of supporting documents as appropriate, for example, two property valuations for the sale or rental of a property, investment advice from a Bank or Broker (especially regarding property sale proceeds) if you wish to invest or re-invest the Interdict’s monies, at least two professional quotes for any substantial property renovation/modernisation works to be carried out on the Interdict’s property.

Please note that the court sits every Friday morning (except on Public Holidays) at 9.30am.  We ask that you arrive a few minutes ahead of the court sitting.  Should you wish to make a representation to court all the papers must be filed with the Probate Department by 12 noon on the Thursday preceding the Friday you wish to attend court.



There is no requirement for you to make an appointment with the Court in advance of the Friday of your choice. Your case will be listed according to when you submit your papers to the Judicial Greffe on a `first come, first served` basis so it is recommended that you submit your final drafts sooner rather than later as the court can hear a maximum of 6-7 cases only.

WHEN IN DOUBT PLEASE SEEK ADVICE FROM EITHER YOUR OWN LAWYER OR, IF MORE APPROPRIATE, THE INTERDICT’S LAWYER. 




Page Last Updated: 11 Oct 2017