Guernsey Limited Company

I am advising a couple who have a limited company in Guernsey which owns and lets out residential property. They are domiciled in England and Wales.

I have looked into this and my understanding is that it is treated as personalty ( as opposed to realty) as they won shares as opposed to the properties directly. As such this is then governed by the law of the country of domicile.

Can members please advise if my clients would need a will in Guernsey or if it is fine to have a will only in England Wales. Also does that mean that they would not require probate in Guernsey .

Many Thanks

Collette Hodkinson

CPH Solicitors

I doubt a separate will would be required as an English form will would be accepted for probate in Guernsey - particularly if the testator was domiciled in E&W. A separate will might save time to avoid resealing.

Strictly speaking Guernsey probate would be needed to prove title but I would have thought (like England) Guernsey probate could be avoided if the board are willing to register the executor (and then beneficiary) as a shareholder without it - which might be possible if they are family and accept the validity of the will.

Andrew Goodman
Osborne Clarke