If you are dealing with the estate of a person who died owning assets in Guernsey you may have been asked to provide a Guernsey Grant of Representation (often called a Grant of Probate) or order for the assets to be released.
Fortunately Worldwide Lawyers can help and we have set out the answers to some frequently asked questions below.
For assistance with obtaining a Grant of Probate in Guernsey, contact us on 01244 470339 or email firstname.lastname@example.org and we’ll be happy to assist you and provide a no-obligation quote.
What is a Guernsey Grant of Representation?
A Grant of Representation is the document that formally permits someone to manage the personal property held in Guernsey of someone who has passed away.
What are the Different Types of a Grant of Representation in Guernsey?
A Grant of Representation may take one of three forms:
- Grant of Probate – This is where an Executor named in the Will.
- A Grant of Letters of Administration with Will annexed – This is where there is a Will but the named Executor has died or is unwilling to act, subsequently a person entitled to the residue of the deceased’s personal estate is entitled to apply for a Grant.
- A Grant of Letters of Administration – This is where there is no Will and certain relations of the deceased are entitled to apply for the Grant.
What Documents are Required for a Grant of Representation in Guernsey?
In order for a UK Grant of Representation to be converted to a Grant of Representation in Guernsey you will need hard copies of the following documents:
- A Court sealed, and certified copy of the grant obtained in the UK (if any).
- A death certificate.
- A letter from the asset holder confirming the value of the assets at the date of death.
- The Ecclesiastical Court in Guernsey also requires certified copies by a lawyer of the Executor(s)’ photographic identification and proof of residential address in order to verify their identity/ies.
- A certified copy a recent utility bill.
If no UK Grant has been obtained, or if a Grant has been obtained in another country, `it will still be possible to obtain a Guernsey Grant although some additional documents will be required.
If any of the documents are in a language other than English the Ecclesiastical Court would require official translations prepared by a Government or Court appointed translator.
What is the Process to get a Grant of Representation in Guernsey?
The process in Guernsey is as follows:
- You will need to apply to the Ecclesiastical Court in Guernsey for recognition of the grant if you have already obtained Grant in the UK.
- Following this, you will need to request that an Executor’s Oath be prepared by the Court for the Executor(s) to swear in front of a Notary Public in the UK.
- Then you should return the notarised Oath to the Ecclesiastical Court.
- The Guernsey grant would be available to collect soon after.
How Long Will It Take to Get a Grant of Representation in Guernsey?
Once all the above documentation and information has been provided, the application for the Grant can be made. The Guernsey Grant is typically issued within 6-8 weeks. However, it is important to appreciate that every case is different, with a compulsory UK inheritance tax return required in every case.