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DRAFT PROBATE (AMENDMENT) (JERSEY) LAW 202- to move a £30k moveable estate test

10/02/2023

DRAFT PROBATE (AMENDMENT) (JERSEY) LAW 202[?] brings forward changes to the Probate (Jersey) Law 1998.

The AMENDMENT provides for new arrangements related to the management of movable estate in Jersey in certain limited circumstances and only where the total value of that moveable estate does not exceed more than £30,000.

‘Moveable estate’ means personal property that can be moved, such as cash, jewellery, clothes, furniture and paintings, as distinct from property that cannot be moved, such as a house. Moveable estate may be a single item (i.e. a watch) or may be multiple items and may include money.

For ease, the expression ‘personal property’ is used in this report as opposed to moveable estate

Exception for small estates (Article 19A)

Article 19A provides that the person holding the deceased person’s personal property (the ‘holder’) may give it to another person (i.e. the ‘applicant’) without the applicant having shown a grant to the holder but only if:

  • The deceased person did not live in Jersey and the gross value of their personal property in Jersey, as held by the holder, does not exceed £30,000; OR
  • The deceased person lived in Jersey and the gross value of their personal property in Jersey, as held by the holder, does not exceed £30,000, plus the applicant declares that gross value of the worldwide moveable estate does not exceed £30,000.

DRAFT PROBATE (AMENDMENT) (JERSEY) LAW 202-

Lodged au Greffe on 7th March 2022

by the Chief Minister

Earliest date for debate: 25th April 2022

https://statesassembly.gov.je/AssemblyPropositions/2022/P.42-2022.pdf

JERSEY

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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.  

news disclaimer -

As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.