Covid-19
(Signing of Instruments) (Jersey) Regulations 2020
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 30th
September 2020 –
(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.
(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 30th September 2020 –
(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) 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[1]
4 [2]
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 on 30th September 2020.