Jersey Law
16/1998
PROBATE (JERSEY)
LAW 1998
ARRANGEMENT OF
ARTICLES
|
PART I
|
|
PRELIMINARY
|
|
1
|
Interpretation
|
|
2
|
Jurisdiction
of the Court
|
|
3
|
The
Bailiff, Jurats and officers of the Court
|
|
4
|
Power
of the Court as to witnesses and documents
|
|
5
|
Power
and rôle of Judicial Greffier
|
|
PART II
|
|
GRANTS OF PROBATE AND
ADMINISTRATION
|
|
6
|
Application
for and making of grant
|
|
7
|
Evidence
of death
|
|
8
|
Oath
of executor or administrator
|
|
9
|
Caveats
|
|
10
|
Proceedings
consequent on caveats
|
|
11
|
Grant
to a trust corporation
|
|
12
|
Grant
to attorney
|
|
13
|
Grant
to executor dative
|
|
14
|
Entitlement
to grant as administrator or executor dative
|
|
15
|
Viscount
or other person in possession “pendente lite”
|
|
16
|
Revocation
of grant by consent
|
|
17
|
Removal
of executor or administrator
|
|
18
|
Second
and subsequent grants
|
|
PART III
|
|
RECOVERY AND DISTRIBUTION OF
ESTATE
|
|
19
|
Necessity
for production of grant
|
|
20
|
Protection
for person releasing movable estate under grant
|
|
21
|
Protection
for person releasing movable estate without grant
|
|
22
|
Release
or payment under revoked grant
|
|
23
|
Penalty
for intermeddling
|
|
24
|
Duty
of executor or administrator as to inventory
|
|
PART IV
|
|
VARIATION AND DISCLAIMER OF
INTERESTS
|
|
25
|
Variation
of dispositions etc. by consent
|
|
26
|
Disclaimer
of interest
|
|
PART V
|
|
MISCELLANEOUS AND SUPPLEMENTAL
|
|
27
|
Deposit
of and access to wills and other documents
|
|
28
|
Official
copies
|
|
29
|
Validity
of will
|
|
30
|
Domicile
of dependence for probate purposes
|
|
31
|
Regulations
|
|
32
|
Rules
of Court
|
|
33
|
Repeals
and savings
|
|
34
|
Short
title and commencement
|
PROBATE (JERSEY)
LAW 1998
____________
A LAW to consolidate and further amend
the law relating to grants of probate and letters of administration, the
administration and distribution of the estate of deceased persons and ancillary
matters, sanctioned by Order of Her Majesty in Council of the
19th day of MAY 1998
____________
(Registered on the
5th day of June 1998)
____________
STATES OF JERSEY
____________
The 3rd day of February 1998
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“the 1993
Law” means the Wills and Successions (Jersey) Law 1993;
“administration”
means letters of administration of the movable estate of a deceased person;
“advocate”
means advocate of the Court;
“caveator” means a person by or on whose behalf a
caveat is lodged;
“the
Court” means the Royal Court;
“enactment”
includes an enactment of the United Kingdom registered in the Court;
“executor
dative” means an executor other than an executor nominate;
“executor
nominate” means an executor named in the will of a deceased person and
includes the attorney of the executor specially appointed by him as such, and
the guardian of the executor;
“grant”
means a grant of probate or administration;
“the
Inferior Number” means the Inferior Number of the Court;
“movable
estate” means personal or movable property;
“prescribed”
means prescribed by rules of court;
“specified”
means specified in Regulations made by the States;
“state”
means a territory or group of territories having its own law of nationality;
“testamentary
cause or matter” includes all causes or matters relating to the grant or
revocation of probate or administration, to the revocation (“cassation et
annulation”) of a will and to the reduction of
a will “ad legitimum modum”;
“trust
corporation” means an association incorporated by enactment of the States
or a company registered under the law governing the registration in the Island
of companies with limited liability, being an association or company which is
–
(a) empowered by its
constitution to undertake the business of acting as executor and administrator;
and
(b) authorized by Act of
the Court to apply for grants;
“will”
means a will of movable estate (whether or not any real or immovable estate is
devised by the will) and includes any testamentary instrument of which probate
may be granted.
(2) A
reference in this Law to an Article by number only, and without further
identification, is a reference to the Article of that number in this Law.
(3) A
reference in an Article of this Law to a paragraph, sub-paragraph or clause by
number or letter only, and without further identification, is a reference to
the paragraph, sub-paragraph or clause of that number or letter contained in
the Article or sub-division of the Article in which that reference occurs.
(4) Unless
the context otherwise requires, a reference in this Law to an enactment is a
reference to that enactment as amended from time to time, and includes a
reference to that enactment as extended or applied by or under another
enactment including any other provision of that enactment.
ARTICLE 2
Jurisdiction of
the Court
(1) The
Court shall have all jurisdiction in relation to probates and administrations
as it had immediately before this Law came into force, that is to say,
jurisdiction –
(a) in relation to the
grant or revocation of probate and administration of the movable estate of
deceased persons, including jurisdiction to make a grant in respect of a
deceased person notwithstanding that he leaves no estate, and to make a grant
of administration of the effects of a deceased person who dies leaving direct
heirs who survive him; and
(b) to hear and determine
all questions relating to a testamentary cause or matter.
(2) The
Court shall, in the exercise of the jurisdiction conferred by paragraph (1),
perform all such like duties with respect to the estates of deceased persons as
it performed immediately before this Law came into force in relation to the
matters in which it has jurisdiction.
(3) The
jurisdiction conferred and duties imposed on the Court by this Article shall be
exercised in the Probate division.
(4) The
jurisdiction conferred and duties imposed on the Court by this Article shall,
so far as regards procedure and practice, be exercised in the manner provided
by and under this Law or, where no provision is made, in the manner which has
previously been customary.
ARTICLE 3
The Bailiff, Jurats
and officers of the Court
Subject to this
Law and to rules of court, the Bailiff, Jurats,
Attorney General, Solicitor General, Viscount and Judicial Greffier
shall perform duties in the Probate division of the Court analogous to those
performed by them respectively in the Samedi division
of the Court.
ARTICLE 4
Power of the
Court as to witnesses and documents
(1) In
the exercise of the jurisdiction conferred on it by Article 2, the Court may
–
(a) order to appear before
it any person whom it may think fit to examine;
(b) examine any person upon
oath or affirmation, as the case may require;
(c) before, after or
without examination, receive any affidavit or affirmation given by any person;
(d) order any person to
produce and bring into court or otherwise as the Court may direct, any deeds,
evidences, paper or writings as it may think proper which are in his
possession, custody or control; and
(e) order a person it has
reasonable grounds for believing has knowledge of any paper or writing being or
purporting to be testamentary to attend for the purpose of being examined
respecting the same.
(2) Any
person who disobeys an order under paragraph (1) shall be guilty of contempt of
court.
ARTICLE 5
Power and rôle of Judicial Greffier
(1) The
Judicial Greffier shall have full power to administer
oaths for the purposes of this Law.
(2) In
the authentication of grants, orders and other instruments, and of copies of
such documents, the Judicial Greffier may describe
himself as Registrar.
PART II
GRANTS
OF PROBATE AND ADMINISTRATION
ARTICLE 6
Application for
and making of grant
(1) An
application for a grant shall be made to the Judicial Greffier.
(2) An
application may be made through an advocate or solicitor or in person by
persons claiming to be entitled to a grant.
(3) A
grant shall be made by the Judicial Greffier in the
name of the Royal Court (Probate division) under the seal of the Probate
division.
(4) A
grant shall have effect over the movable estate of the deceased person.
(5) Subject
to paragraphs (7) and (13), the Judicial Greffier
shall not make a grant until all the enquiries which he may see fit to
institute in relation to the application have been answered to his
satisfaction.
(6) In
the exercise of his duties under paragraph (5), the Judicial Greffier shall afford as great facilities for the obtaining
of grants as are consistent with a due regard to the prevention of error or
fraud.
(7) Where
a deceased person dies domiciled in a specified jurisdiction, the Judicial Greffier may make a grant without making any enquiries
under paragraph (5), upon an application being made in such manner and with
such supportive evidence as shall be prescribed.
(8) Subject
to paragraph (13), no grant shall be made by the Judicial Greffier
–
(a) in any case where there
is contention, until the contention is disposed of; or
(b) in any case where he is
required to present a statement under paragraph (9), without the directions of
the Inferior Number to so proceed.
(9) Subject
to paragraph (13), the Judicial Greffier shall
present a statement to the Bailiff for the directions of the Inferior Number in
any case –
(a) where it appears
doubtful to the Judicial Greffier whether or not a
grant should be made; or
(b) where any question
arises in relation to an application for a grant.
(10) Where
a statement is presented, the Inferior Number may –
(a) direct the Judicial Greffier to proceed with the matter in accordance with such
instructions as it thinks necessary; or
(b) forbid any further
action by the Judicial Greffier in relation to the
matter.
(11) Where
the Inferior Number forbids any further action by the Judicial Greffier in relation to the matter, the person applying for
the grant may apply to the Inferior Number.
(12) Upon
an application made under paragraph (11), the Inferior Number may order such
persons to be convened, such evidence taken and such enquiries made as it
considers necessary and may make such order as the circumstances require.
(13) The
Judicial Greffier may, without making any enquiries
under paragraph (5) and notwithstanding paragraphs (8) and (9), grant probate
or administration where all the parties who, in his opinion, should be
consulted consent to the making of the grant.
ARTICLE 7
Evidence of death
(1) An
applicant for a grant shall provide the Judicial Greffier
with a certificate of the death of the deceased person to whom the application
relates, or such other evidence of the death as the Judicial Greffier may approve.
(2) Where
the applicant is unable to provide such evidence as aforesaid, the Judicial Greffier shall present a statement of the matter to the
Bailiff for the directions of the Inferior Number.
(3) The
Inferior Number shall –
(a) order the applicant to
be convened and hear such evidence of the death as he produces; and
(b) order such other
persons to be convened, such additional evidence to be heard and such enquiries
made as it considers necessary.
(4) If
the Inferior Number is satisfied that the death of the person to whom the application relates may be presumed beyond all
reasonable doubt to have occurred on or after a certain date, it may make a
declaration to that effect and such order as the circumstances require.
(5) A
declaration made under paragraph (4) shall be –
(a) received in any
proceedings as evidence of the death of the person to whom it relates; and
(b) deemed to be proof of
the death, unless cause to the contrary is shown.
ARTICLE 8
Oath of executor
or administrator
Every executor or
administrator shall, before the making of a grant, make an oath in such form as
may be prescribed.
ARTICLE 9
Caveats
(1) Any
person having an interest in the movable estate of a deceased person and
intending to oppose the making of a grant may lodge a caveat with the Judicial Greffier.
(2) A
caveat shall be in such form as may be prescribed and may be lodged through an
advocate or solicitor or in person.
(3) A
caveat shall have effect from the day on which it is lodged and remain in
effect until whichever is the earlier of –
(a) its withdrawal by the caveator;
(b) its clearing off
pursuant to an order of the Inferior Number;
(c) the determination by
judgment or order of the Inferior Number of the matter in dispute between the
parties; or
(d) subject to paragraph
(5) of this Article and paragraph (3) of Article 10, the expiry of the period
of six months beginning on the day it is lodged.
(4) Subject
to paragraph (4) of Article 10, where a caveat has effect, no grant shall be
made in the estate to which it relates.
(5) A
caveat may be renewed by the caveator.
(6) A
caveat may be withdrawn by the caveator.
ARTICLE 10
Proceedings
consequent on caveats
(1) Any
person whose application for a grant has been stopped by a caveat may serve a
summons upon the caveator, in such manner as may be
prescribed, calling upon the caveator to appear
before the Inferior Number to show cause why his caveat should not be cleared
off.
(2) If
the caveator does not appear in answer to the
summons, the Inferior Number may –
(a) order the caveat to be
cleared off; and
(b) make such other order
as the circumstances of the case may require.
(3) If
the caveator appears in answer to the summons, the
Inferior Number may order that, until the matter in dispute between the parties
has been determined by judgment or order, the caveat shall remain in effect.
(4) Where
the Inferior Number makes an order under paragraph (3), it may also –
(a) place the estate of the
deceased person in the possession of the Viscount or some other person pursuant
to Article 15; or
(b) authorize the Judicial Greffier to make a grant to such person and limited in such
manner (if any) as it directs.
(5) Where
a caveator appearing in answer to a summons contests
the validity of a testamentary instrument of the deceased person in relation to
whose movable estate the caveat was lodged, the Inferior Number shall determine
the question of the validity or invalidity, in whole or in part, of that
instrument in the same manner “mutatis mutandis” as if it were hearing an action for the
setting aside (“cassation et annulation”) of a will of movable estate.
(6) If
the Inferior Number determines that a testamentary instrument is wholly or
partially valid it shall –
(a) pronounce for the
validity of the whole or part of the instrument; and
(b) authorize the Judicial Greffier to grant probate to such person as is found by it
to be entitled to the grant.
(7) If
the Inferior Number determines that a testamentary instrument is invalid it
shall –
(a) pronounce against the
validity of the instrument; and
(b) authorize the Judicial Greffier to grant probate of a valid testamentary instrument
or, if as a result of the proceedings there is an intestacy, to grant
administration, in either case the grant to be to such person as is found by
the Inferior Number to be entitled to it.
(8) Where
a caveator appearing in answer to a summons contests the
right of the person who has applied for a grant to obtain such grant and
alleges a prior right in himself or some other person, the Inferior Number
shall determine who is entitled to the grant and authorize the Judicial Greffier to make a grant to that person.
(9) Where
a caveator appearing in answer to a summons raises an
objection to the making of a grant other than an objection to which paragraph
(5) or (8) applies, the Inferior Number shall hear the objection and make such
order as the circumstances may require.
(10) Any
order made under this Article may include an order for the payment of damages.
ARTICLE 11
Grant to a trust
corporation
(1) The
Judicial Greffier may –
(a) where a trust
corporation is named in a will as executor, whether alone or jointly with
another person, grant probate to the corporation, either solely or jointly with
another person, as the case may be;
(b) grant probate to a
trust corporation as executor dative, either solely or jointly with another
person; and
(c) grant administration to
a trust corporation, either solely or jointly with another person.
(2) Probate
or administration shall not be granted to a nominee on behalf of a trust
corporation.
(3) Any
officer authorized for the purpose by a trust corporation or its directors or
governing body may, on behalf of the corporation, swear affidavits or do any
other act or thing which the Judicial Greffier may
require with a view to the making of a grant to the corporation, and the acts
of an officer so authorized shall be binding on the corporation.
(4) Where
any association or company which is not incorporated or registered in the
Island is named in a will as executor, whether alone or jointly with another
person, nothing in this Article shall restrict the power of the Judicial Greffier under Article 12 to grant probate to the attorney
of such association or company specially appointed by it for the purpose.
ARTICLE 12
Grant to attorney
(1) Where
a person entitled to a grant in relation to the movable estate of a deceased
person appoints an attorney specially for the purpose, the Judicial Greffier may make the grant to the attorney.
(2) A
grant made pursuant to paragraph (1) shall be made to the attorney personally.
ARTICLE 13
Grant to executor
dative
(1) Where
a person dies leaving a will without having named an executor who is willing
and competent to take probate, it shall be granted to an executor dative.
(2) Where
a person dies leaving a will having named an executor who is willing and
competent to take probate but the Judicial Greffier
considers, on exceptional grounds, that it may not be appropriate for that
person to take the grant, the Judicial Greffier may
refer the matter to the Inferior Number.
(3) Where
a matter is referred to it under paragraph (2), the Inferior Number may, on
exceptional grounds, name a person, other than the person named as executor in
the will, as entitled to a grant as executor dative, and authorize the Judicial
Greffier to make such a grant to him.
(4) Where
probate is granted to an executor dative, the will of the deceased person shall
be performed and observed in the same manner as if probate had been granted to
an executor nominate.
ARTICLE 14
Entitlement to
grant as administrator or executor dative
(1) This
Article applies where a person dies –
(a) wholly intestate as to his movable estate; or
(b) leaving a will without
having named an executor who is willing and competent to take probate.
(2) Subject
to paragraphs (3), (5) and (6), where the person dies leaving a spouse, the
spouse shall be the person entitled to the grant.
(3) Subject
to paragraphs (5) and (6), where the person dies leaving a spouse in the
circumstances described in sub-paragraphs (a) and (b) of paragraph (1) of
Article 8 of the 1993 Law (Spouses living apart), the person entitled to the
grant shall be the person who would have been so entitled according to
customary law if the spouse had died before the deceased.
(4) Subject
to paragraphs (5) and (6), where the person dies without leaving a spouse, the
person entitled to the grant shall be such person as may be specified or, if
none, the person so entitled according to customary law.
(5) Subject
to any authorization under paragraph (6), where, in any case to which this
Article applies, it appears to the Judicial Greffier
to be necessary or convenient by reason of any special circumstance to make a
grant to some person other than the person entitled to the grant, the Judicial Greffier –
(a) shall not be obliged to
make a grant to the person entitled; and
(b) may make a grant to
such person and limited in such manner as he thinks fit.
(6) Where,
in any case to which this Article applies, it appears to the Inferior Number to
be necessary or convenient by reason of any special circumstance, that a grant
should be made to some person other than the person entitled to the grant, it
may authorize the Judicial Greffier –
(a) not to make a grant to
the person entitled; and
(b) to make a grant to such
person and limited in such manner as it thinks fit.
(7) In
this Article, “grant” means a grant as administrator of the
deceased person’s movable estate or as executor dative, as the case may
require.
ARTICLE 15
Viscount or other
person in possession “pendente lite”
(1) The
Inferior Number may place the estate of a deceased person in the possession of
the Viscount or some other person where –
(a) any legal proceedings
touching the validity of the will of the deceased person or for obtaining,
recalling or revoking any grant are pending; or
(b) the Judicial Greffier presents a statement to the Bailiff for the
directions of the Inferior Number under paragraph (9) of Article 6.
(2) The
Viscount or other person in possession of the estate shall act under the
direction of the Inferior Number.
ARTICLE 16
Revocation of
grant by consent
The Judicial Greffier may revoke a grant where all the parties who, in
his opinion, should be consulted, consent to the revocation.
ARTICLE 17
Removal of
executor or administrator
(1) The
Attorney General or any person with an interest in the movable estate of a
deceased person may apply to the Inferior Number on exceptional grounds for an
order that an executor or administrator be removed from office.
(2) If
the Inferior Number makes an order removing an executor or administrator from
office, it shall at the same time name another person to be executor or
administrator in their place, and authorize the Judicial Greffier
to make a grant to that person.
ARTICLE 18
Second and
subsequent grants
(1) If
any person to whom a grant has been made, either solely or jointly with another
person, dies, becomes incapacitated or bankrupt leaving a part of the movable
estate of the deceased person unadministered, the
Judicial Greffier may make a grant to some other
person to act in his place.
(2) If
any person to whom a grant has been made wishes to retire, the Judicial Greffier may make a grant to another person to act in his
place.
(3) If
any person to whom a grant has been made wishes an additional person to be
appointed to act together with him, the Judicial Greffier
may make a grant to that person.
(4) In
paragraph (1), the reference to a person becoming bankrupt includes a person
becoming the subject of insolvency proceedings of a similar nature to
bankruptcy in any place outside the Island.
(5) This
Law applies, subject to rules of court, “mutatis mutandis” to second and subsequent
grants as it applies to original grants.
PART III
RECOVERY
AND DISTRIBUTION OF ESTATE
ARTICLE 19
Necessity for
production of grant
(1) Subject
to paragraphs (2) to (5), and save as otherwise provided by any other
enactment, the production of a grant shall be necessary to establish the right
to recover or receive any part of the movable estate situated in the Island of
any deceased person.
(2) Paragraph
(1) shall not apply to a person in the Island who holds any movable estate
situated in the Island and forming a part or the whole of the estate so
situated of a deceased person who died domiciled in any territory outside the
Island where the value of the movable estate held by that person does not
exceed £10,000 or such other amount as may be specified.
(3) Subject
to paragraph (4), a person in possession of any such movable estate as is
described in paragraph (2) may, on the application of any person, release that
movable estate to such person who appears to him to be entitled to receive it
under the terms of the will (if any) of the deceased person or under the law
relating to intestate succession in force in the
place in which the deceased person was domiciled at his death.
(4) A
person in possession of any such movable estate as is described in paragraph
(2) shall not release the movable estate or any part of it before the person
making the application under paragraph (3) has provided him with –
(a) such documentary or
other information as to the entitlement of any person to receive the movable
estate as he may require; and
(b) such security, in such
form and amount (not exceeding the value of the movable estate to which the
application relates) as he may require.
(5) Nothing
in this Article shall affect any liability of a person who releases any movable
estate to account to any other person for that movable estate.
(6) Any
person who in, or in connection with, any application under this Article makes
any statement which is false in any material particular or in the truth of
which he does not believe shall be guilty of an offence and liable to a fine or
to imprisonment for a term not exceeding twelve months or to both.
ARTICLE 20
Protection for
person releasing movable estate under grant
Any person acting
in good faith who releases or permits the release of any movable estate upon
any grant made under authority of this Law shall be protected and saved
harmless in respect of that act from any action brought on behalf of the estate
of the deceased person or by any beneficiary of the estate, notwithstanding any
defect or circumstance whatsoever affecting the validity of the grant.
ARTICLE 21
Protection for
person releasing movable estate without grant
(1) This
Article applies to a person holding movable estate in the circumstances
described in paragraph (2) of Article 19 (Necessity for production of grant),
where the deceased person died domiciled in a specified jurisdiction.
(2) A
person to whom this Article applies who releases movable estate in his
possession shall be protected and saved harmless in respect of that act from
any action brought on behalf of the estate of the deceased person or by any
beneficiary of the estate if –
(a) the person to whom the
estate is released has provided him with such evidence of his entitlement to
receive it as shall be prescribed; and
(b) there is no caveat in
force in respect of the deceased person’s estate.
ARTICLE 22
Release or
payment under revoked grant
(1) Any
person acting in good faith who releases or permits the release of any movable
estate to any executor or administrator upon any grant made under authority of
this Law which is subsequently revoked shall be protected and saved harmless in
respect of that act from any action brought on behalf of the estate of the
deceased person or by any beneficiary of the estate.
(2) An
executor or administrator who has acted under a grant which is subsequently
revoked under this Law may retain and reimburse himself in respect of any
payments made by him before the revocation which the person to whom a second or
subsequent grant is made might have lawfully made.
ARTICLE 23
Penalty for
intermeddling
(1) Subject
to paragraph (2), if any person, other than a person acting in accordance with
paragraph (3) of Article 19 (Necessity for production of grant) or any other
enactment, takes possession of or in any way administers any part of the
movable estate of a deceased person without obtaining a grant, he shall be
guilty of an offence and liable to a fine or to imprisonment for a term not
exceeding twelve months or to both.
(2) No
person shall be guilty of an offence by reason only of the fact that he has
made arrangements for disposing of the body of the deceased person in any
manner authorized by law or custom or from placing in safe custody or otherwise
preserving the movable estate of the deceased.
ARTICLE 24
Duty of executor
or administrator as to inventory
The Court may, on
the application of any person interested in the movable estate of a deceased
person, order the executor or the administrator, as the case may be, to exhibit
on oath in court a true and perfect inventory and account of the movable estate
of the deceased person.
PART IV
VARIATION
AND DISCLAIMER OF INTERESTS
ARTICLE 25
Variation of
dispositions etc. by consent
(1) Subject
to paragraph (2), the Court may by order made with the consent of all parties
who in its opinion should be consulted and having regard only to the interests
of the beneficiaries or heirs interested in so much of the estate as is
affected by the order –
(a) vary any disposition
(whether effected by will, under the law of intestacy or otherwise) of the
movable estate of the deceased person;
(b) provide that any
variation made under sub-paragraph (a) shall have effect as if it were a
disposition effected by the will of the deceased person or under the law of
intestacy, as the case may be; and
(c) direct to whom and in
what manner the movable estate of the deceased person shall be distributed.
(2) An
order for a variation under sub-paragraph (a) of paragraph (1) may only be made
within two years after the death of the deceased person.
ARTICLE 26
Disclaimer of
interest
(1) A
person beneficially entitled to an interest in the movable estate of a deceased
person may, at any time before the interest is distributed to him, disclaim the
interest.
(2) A
disclaimer shall be made by giving notice, in such form as may be prescribed,
to the Judicial Greffier and to the executor or
administrator, as the case may be.
(3) Where
notice is given in accordance with paragraph (2), the person making the
disclaimer shall be treated as having died before the deceased person for all
purposes relating to the movable estate of the deceased person.
PART V
MISCELLANEOUS
AND SUPPLEMENTAL
ARTICLE 27
Deposit of and
access to wills and other documents
(1) All
original wills under the control of the Court shall be deposited and preserved
in such place as the Court may direct.
(2) Any
document under the control of the Court other than an original will shall be
deposited and preserved or otherwise dealt with in such manner as shall be
prescribed.
(3) All
original wills under the control of the Court and copies of grants shall be
open to inspection.
(4) Access
to any document under the control of the Court to which paragraph (3) does not
apply shall be regulated in such manner as shall be prescribed.
ARTICLE 28
Official copies
An official copy
of the whole or any part of a will, or an official certificate of any grant may
be obtained from the Judicial Greffier.
ARTICLE 29
Validity of will
(1) A
will shall be treated as properly executed if, at the time of its execution or
at the time of the testator’s death, its execution conforms to –
(a) the internal law in
force –
(i) in
the territory where it was executed,
(ii) in the territory where
the testator was domiciled,
(iii) in the territory where the
testator was habitually resident, or
(iv) in a state of which the
testator was a national;
or
(b) the law of the Island.
(2) For
the purposes of this Article, the internal law in force in a territory or state
is the law which would apply in a case where no question of the law in force in
any other territory or state arose.
ARTICLE 30
Domicile of
dependence for probate purposes
(1) For
the purposes of a grant in and the distribution of the movable estate of a deceased
woman who has at any time been married, the deceased woman’s domicile
shall be ascertained by reference to the same factors as in the case of any
other individual capable of having an independent domicile.
(2) For
the purposes of a grant in and the distribution of the movable estate of a
deceased minor, the deceased minor shall have first become capable of having an
independent domicile when (if at all) he attained the age of sixteen years or
married under that age.
ARTICLE 31
Regulations
(1) The
States may by Regulations specify anything which shall or may be specified for
the purposes of this Law.
(2) Regulations
made under paragraph (1) may make different provision in relation to different
cases or circumstances.
ARTICLE 32
Rules of Court
(1) The
power to make rules of court under the Royal Court (Jersey) Law 1948
shall include a power to make rules for the purposes of this Law.
(2) The
power to make rules pursuant to paragraph (1) shall include the power to
prescribe anything which shall or may be prescribed for the purposes of this
Law.
(3) Paragraph
(1) of Article 3 of the Official Publications (Jersey) Law 1960
shall apply to rules made pursuant to paragraph (1) as it applies to enactments
mentioned in that paragraph and accordingly, as soon as may be after such rules
are made, the Judicial Greffier shall transmit a
certified copy of them to the Greffier of the States.
ARTICLE 33
Repeals and
savings
(1) The
Probate (Jersey) Law 1949 and the Probate (Amendment)
(Jersey) Law 1990 are repealed.
(2) Notwithstanding
paragraph (1), any rules of court made under Article 31 of the Probate (Jersey)
Law 1949 which have effect immediately before this Law comes into force shall
continue to have effect as if made under this Law.
ARTICLE 34
Short title and
commencement
This Law may be
cited as the Probate (Jersey) Law 1998 and shall come into force on such day as
the States may by Act appoint.
C.M. NEWCOMBE
Deputy Greffier of the States.