PROBATE

The Grant of Probate amounts to an authority given to an Executor, issued by the Ecclesiastical Court in Guernsey, empowering the Executor to wind up and administer the Personal Estate of the deceased. It involves proving the will.

In order to obtain Probate, application is made to the Registrar of the Ecclesiastical Court by the person identified as the executor in the will of the personal estate of the deceased. The Registrar requires the Will, which he will examine to ensure that it has been properly executed, dated and witnessed. The Registrar will also require the death certificate (or a certified copy of the same) and a declaration regarding a total value of the assets comprising of the Personal Estate of the person who has died.

When a Guernsey Advocate is making the application, it is possible that the Registrar will wait until the Advocate has determined the value of the assets. It is further possible to submit a preliminary valuation to the Registrar.

The valuation is used to determine the Ecclesiastical Court’s charges. Such charges comprise the Registrar’s fee, Commissary fee, the registration charges and any administration charges.

If a will has been proved in the United Kingdom, the Guernsey Registrar will accept production of the United Kingdom Grant certified and sealed by the Probate Registry in order to permit a Grant of Probate in Guernsey. Where a will has been proved elsewhere, the Registrar may accept a foreign Grant if it is certified by the British Consulate and accompanied by a certificate from a practising lawyer, in the country in which the Will was proved, to the effect that it is in accordance with the laws of that country. A certificate must also be countersigned by the British Consulate. If the will is in a foreign language then there must be a true and accurate translation provided to the Registrar.

Once the Registrar has confirmed that he is satisfied with the will and the documentation produced, the necessary forms are produced by the Ecclesiastical Court. A date is then agreed with the Court for the proposed Executor to attend. (The court sits on Fridays at 11.30am.) At that time the Executor is presented to the Dean or Vice Dean of Guernsey and is asked to take the Oath of the Executor in a standard form. Once that has been completed the Ecclesiastical Court prepares a formal Grant of Probate which is sent to the Executor. It is this document (or a certified copy of the same) which is generally requested by banks, insurance companies and others who must pay monies to the estate of the deceased before they will pay such monies over.

It should be noted that the estate of the deceased must be wound up in accordance with applicable laws. In the case of the personal estate of an individual, the distribution is governed by the law of the domicile of the deceased. The devolution of realty is however governed by the law of the jurisdiction in which the realty is situated. F Haskins & Co are able to provide advice with regard to the applicable law and matters concerning succession. For further information or advice, please contact us using the telephone number, address or e-mail stated on this website.