English Grant of Probate for Jersey Will

Trusts Discussion
1

I have been approached to apply for an English Grant of Probate to deal with a property (in England) owned by a Jersey domiciliary. This person’s domicile is not in question.

They prepared Wills in Jersey, however the Will I have been provided with only appears to deal with the “personal and moveable estate”. There is a Will for immoveable property but this is specific and limited to property in Jersey.

Would a UK grant for a Will dealing with the moveable estate be sufficient to act in relation to the deceased’s English property? My initial thought is no, as this is clearly immoveable property, but I have been separately told that it such a Will has previously been used for this purpose.

Has anyone had to obtain probate for a Jersey Will with this wording?

(I am aware that the Will cannot be resealed and a full probate application will be required).

2

My view is that you can apply for a grant of letters of administration with the will annexed under NCPR 30(3)(a)(i). There is no provision in the NCPR for a different order of priority for cases of partial intestacy. Therefore, it is clear that, in such a case, the executor under the will is responsible for dealing with the whole administration. This is supported by s.49 AEA, which makes clear that the executor under the will is a trustee for those who inherit under the partial intestacy. Of course, if he himself is entitled to inherit, he is not a trustee for himself. The registry, of course, has the power to limit a grant to a certain part of the estate, but, if they have not done so, I do not consider that there is any implied limitation.