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Covid-19 (Signing of Instruments) (Jersey) Regulations 2020

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

20.055.80

 

Showing the law from 15 October 2021 to Current

 




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Covid-19 (Signing of Instruments) (Jersey) Regulations 2020

THE STATES make these Regulations under Article 2 of the Covid‑19 (Enabling Provisions) (Jersey) Law 2020 –

Commencement [see endnotes]

PART 1

Temporary arrangements for the signing and witnessing of documents and swearing of oaths

1        Interpretation

In Regulations 2 and 3 “Probate Rules” means the Probate (General) Rules 1998.

2        Procedure for application for probate or letters of administration where applicant not physically present

(1)     This Regulation applies where in the period commencing on or after the coming into force of these Regulations up to the end of 30th April 2022 –

(a)     an application is made under Rule 2 (application, other than pursuant to Article 6(7), for probate through an advocate or solicitor) or Rule 3 (application, other than pursuant to Article 6(7), for a grant of administration through an advocate or solicitor) of the Probate Rules; and

(b)     that application cannot be made in the physical presence of the Greffier because of the measures taken to reduce the spread of Covid‑19.[1]

(2)     Where this Regulation applies –

(a)     any documents required to be produced under Rule 2(1) or (2) or 3(1) or (2) must be delivered to the Greffier for the Greffier’s review not less than 3 working days before the application is made;

(b)     when the Greffier is satisfied that those documents are in order, the Greffier must confirm the same to the applicant;

(c)     the requirement to appear personally before the Greffier is waived; and

(d)     the oath must be sworn following the procedure in paragraph (3).

(3)     The procedure for swearing is –

(a)     at the time the oath is to be sworn, the Greffier and the applicant must be able to see and hear one another over an audio-visual link;

(b)     over the audio-visual link, the Greffier –

(i)      must positively identify the applicant as the executor or administrator,

(ii)      must read out the relevant oath,

(iii)     must see the applicant sign the oath, and

(iv)     must satisfy himself or herself by whatever means the Greffier considers practical that the document signed by the applicant is the oath.

(4)     The signed oath must be returned to the Greffier within such period as the Greffier may direct, who must then –

(a)     countersign the oath; and

(b)     certify on the face of the oath that the procedure in paragraph (3) was correctly followed.

(5)     In this Regulation –

positively identify” means –

(a)     if the person is known to the Greffier, that the Greffier can recognise the person over the audio-visual link; or

(b)     if the person is not known to the Greffier, that the person is able to identify himself or herself to the Greffier with any form of photographic identification which the Greffier is able to see over the audio-visual link;

“relevant oath” means an oath referred to in Rule 2(3) or 3(3), as the case may be, of the Probate Rules.

(6)     Nothing in this Regulation is to be taken as derogating from the provisions of Rule 2 and 3 of the Probate Rules.

3        Procedure for attestation of documents required to be executed in the matter of a grant where witness not physically present

(1)     This Regulation applies where in the period commencing on or after the coming into force of these Regulations up to the end of 30th April 2022 –

(a)     a person referred to in Rule 10(1) (attestation of documents) of the Probate Rules attests the execution of any renunciation, disclaimer, certificate or other document so required under that paragraph 10(1); and

(b)     that renunciation, disclaimer, certificate or other document cannot be executed in the physical presence of that person because of the measures taken to prevent the spread of Covid‑19.[2]

(2)     Where this Regulation applies, the renunciation, disclaimer, certificate or other document is duly executed if it is signed and witnessed in the following way –

(a)     at the time the renunciation, disclaimer, certificate or other document is about to be signed, the person executing that renunciation, disclaimer, certificate or other document and the person attesting that execution must be able to see one another over an audio-visual link;

(b)     over the audio-visual link, the person attesting the execution –

(i)      must positively identify the person executing the renunciation, disclaimer, certificate or other document,

(ii)      must see that person sign the renunciation, disclaimer, certificate or other document, and

(iii)     must satisfy himself or herself, by whatever means he or she considers practical, that the document signed by the person executing the renunciation, disclaimer, certificate or other document is the renunciation, disclaimer, certificate or other document.

(3)     The person executing the renunciation, disclaimer, certificate or other document must file the same with the Greffier, within such time as the Greffier may direct.

(4)     The person attesting the execution of the renunciation, disclaimer, certificate or other document must, not later than 14 days after attesting the execution of the same, provide the Greffier with a written declaration that the person attesting the execution –

(a)     has witnessed the signing of the renunciation, disclaimer, certificate or other document in question over audio-visual link;

(b)     has positively identified the person executing the renunciation, disclaimer, certificate or other document and the method he or she has used to do so;

(c)     has seen the person executing the renunciation, disclaimer, certificate or other document sign that renunciation, disclaimer, certificate or other document; and

(d)     is satisfied, by whatever means he or she considers practical, that the document signed by the person executing the renunciation, disclaimer, certificate or other document is the renunciation, disclaimer, certificate or other document.

(5)     In this Regulation “positively identify” means –

(a)     if the person executing the renunciation, disclaimer, certificate or other document is known to the person attesting the execution, that the person attesting the execution can recognise that person over the audio-visual link; or

(b)     if the person executing the renunciation, disclaimer, certificate or other document is not known to the person attesting the execution, that that person is able to identify himself or herself to the person attesting the execution with any form of photographic identification which that person is able to see over the audio-visual link.

PART 2

closing[3]

4        [4]

5        Citation, commencement and expiry

(1)     These Regulations may be cited as the Covid-19 (Signing of Instruments) (Jersey) Regulations 2020 and come into force on the day after they are made.

(2)     These Regulations expire at the end of 30th April 2022.[5]

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

◦Projet No (where applicable)

Covid-19 (Signing of Instruments) (Jersey) Regulations 2020

R&O.50/2020

23 April 2020

P.50/2020

Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 2020

R&O.115/2020

30 September 2020

P.103/2020

Covid-19 (Amendments – Extension and Suspension) (Jersey) Regulations 2021

R&O.52/2021

29 April 2021

P.25/2021

Covid-19 (Amendments – Further Extensions) (Jersey) Regulations 2021

R&O.127/2021

15 October 2021

P.84/2021

◦Projets available at statesassembly.gov.je

Table of Endnote References



[1] Regulation 2(1)           amended by R&O.115/2020, R&O.52/2021, R&O.127/2021

[2] Regulation 3(1)           amended by R&O.115/2020, R&O.52/2021, R&O.127/2021

[3] Part 2                          heading partially spent, modified

[4] Regulation 4                spent, omitted

[5] Regulation 5(2)           amended by R&O.115/2020, R&O.52/2021, R&O.127/2021


Page Last Updated: 15 Oct 2021