Probate
(Forms and Particular Holders) (Jersey) Order 2023
1 Interpretation
In this Order, “Law”
means the Probate
(Jersey) Law 1998.
2 Holders designated by
Article 19B of the Law (exception for particular holders of movable estate)
The following are
designated as particular holders for the purposes of Article 19B(1) of the Law –
(a) a provider or manager,
registered under Article 3 of the Regulation of Care
(Jersey) Law 2014, of a care home service (as defined in Schedule 1
to that Law), or a person nominated by the provider or manager;
(b) the Chief Nurse of the
Health and Social Services Department, or a person nominated by the Chief Nurse;
(c) a
manager of a facility that is social housing as defined in the Income Support (Jersey) Regulations 2007;
(d) the Prison Governor
employed under the Employment
of States of Jersey Employees (Jersey) Law 2005, or a person nominated by
the Prison Governor;
(e) the Viscount.
3 Information that must
be contained in an application form under Article 19B
(1) The
designated information under Article 19B(2) is –
(a) the information in
paragraphs (2) to (6);
(b) the declarations in
paragraphs (7) and (8);
(c) a request, from the
applicant to the particular holder, that all the movable estate of the deceased
person described in the application and held by the particular holder be
transferred to the applicant; and
(d) the signatures of the
applicant and the particular holder, and the date that each signed.
(2) The
applicant must provide the deceased person’s –
(a) full name;
(b) date of death;
(c) place of death; and
(d) place of domicile.
(3) The
applicant must provide the applicant’s –
(a) full name; and
(b) address and telephone
number.
(4) The
applicant must provide an explanation of their relationship to the deceased
person.
(5) The
applicant must provide a description of the movable estate that is the subject
of the application, including its location and total value (to the best of the
applicant's knowledge).
(6) The
applicant must provide the particular holder’s –
(a) name;
(b) job title (if
applicable);
(c) company name (if
applicable);
(d) address and telephone
number.
(7) The
declaration to be signed by the applicant must state –
(a) that the deceased person
was the owner of the movable estate that is the subject of the application;
(b) if the deceased person
was domiciled in Jersey, that the gross worldwide estate of the deceased person
does not exceed £30,000;
(c) that the applicant
acknowledges that once the estate has been released to the applicant the particular
holder is not liable to any other person in relation to the estate, and the
applicant is instead liable;
(d) that there is no caveat
in force in respect of the deceased person’s estate;
(e) that the applicant is the
person entitled to receive the estate –
(i) under the terms of the will of the
deceased person, or
(ii) under the laws relating
to intestate succession in the place in which the deceased person was
domiciled; and
(f) that the information
provided in the application form by the applicant is true to the best of the
applicant’s knowledge.
(8) The
declaration to be signed by the particular holder must state –
(a) that the particular holder
has verified the photographic identification of the applicant;
(b) that the movable estate
described on the application form is all the movable estate of the deceased
person that is held by the particular holder;
(c) that to the best of the particular
holder’s knowledge, the relationship of the applicant to the deceased person is
as described on the application form;
(d) that to the best of the particular
holder’s knowledge, it appears to the particular holder that the applicant is
entitled to receive the movable estate; and
(e) that the description of movable
estate on the application form is correct and it appears to the particular holder
that the total value of that movable estate does not exceed £30,000.
4 Information to be
contained in an application under Article 19C (exception in respect of items
worn by deceased person)
(1) The
designated information under Article 19C(3) is –
(a) the information in
paragraphs (2) to (6);
(b) the declarations in
paragraphs (7) and (8); and
(c) a request, from the
applicant to the funeral director, that the items belonging to the deceased
person described in the application and held by the funeral director be buried
or cremated with the deceased person.
(2) The
applicant must provide the deceased person’s –
(a) full name;
(b) date of death; and
(c) place of death.
(3) The
applicant must provide the applicant’s –
(a) full name; and
(b) address and telephone
number.
(4) The
applicant must provide an explanation of their relationship to the deceased
person.
(5) The
applicant must provide the following details of the items that are the subject
of the application –
(a) a description of the
items; and
(b) the aggregate value of
the items.
(6) The
applicant must provide the funeral director’s –
(a) name;
(b) company name;
(c) address and telephone
number.
(7) The
declaration to be signed by the applicant must state –
(a) that the deceased person
was the owner of the items that are the subject of the application;
(b) that the aggregate value
of the items does not exceed £10,000;
(c) that the applicant
acknowledges that the funeral director is not liable to any other person in
relation to the item once the item has been released to the applicant for
burial or cremation with the deceased person;
(d) that there is no caveat
in force in respect of the deceased person’s estate;
(e) that the applicant is the
person entitled to receive the estate –
(i) under the terms of the will of the
deceased person, or
(ii) under the laws relating
to intestate succession in the place in which the deceased person was
domiciled; and
(f) that the information
provided in the application form by the applicant is true to the best of the
applicant’s knowledge.
(8) The
declaration to be signed by the funeral director must state –
(a) that the funeral director
has verified the photographic identification of the applicant;
(b) that to the best of the
funeral director’s knowledge, the relationship of the applicant to the deceased
person is as described on the application form;
(c) that to the best of the
funeral director’s knowledge, it appears to the funeral director that the
applicant is entitled to receive the item; and
(d) that the description of
the item on the application form is correct and it appears to the funeral
director that the value of that item, or, if there is more than one, the
aggregate value of those items does not exceed £10,000.
5 Citation and
commencement
This Order may be cited as the Probate (Forms and Particular
Holders) (Jersey) Order 2023 and comes into force on the same day as the
Probate (Amendment) (Jersey) Law 2023.