If you are dealing with the estate of a person who died owning assets in the Isle of Man, you will usually need to go through the Isle of Man Probate process. You will need to do this to obtain the legal authority to handle the deceased’s Isle of Man estate, and release and distribute the assets the deceased owed to the beneficiaries.
When is an Isle of Man Probate Required?
Where the deceased person left a will covering the assets in the Isle of Man the grant issued by the court is called a “grant of probate” and is issued to the executor(s) appointed in the will.
Where the person did not make a will, the grant is instead called “letters of administration” and is issued to the administrator(s).
Isle of Man-based banks, insurance companies and financial institutions holding assets in the name of a deceased person are very unlikely to release these assets without probate. For them to pay or transfer the deceased person’s property to the personal representatives or beneficiaries you will need to supply a grant of probate or letters of administration, unless the value of the assets is very small.
Grants issued by courts in other countries (including in the UK), are also unlikely to be acceptable to institutions in the Isle of Man who will usually insist on receiving Manx probate/ letters of administration in the deceased’s estate.
How to obtain Probate or Letters of Administration in the Isle of Man
It is advisable to instruct a lawyer in the Isle of Man to undertake the Isle of Man probate process and make the relevant application.
In order to make an application for Probate in the Isle of Man, the following will need to be provided to the Isle of Man Probate court:
- Details of the value of the estate of the deceased in the Isle of Man at their date of death. This can be a statement or letter from the relevant Isle of Man bank/ financial institution/ share registrar.
- An original copy of the death certificate (a copy certified by a third party will not be accepted).
- An official translation of the death certificate must also be provided if it is not in English.
- A certified copy of the last will of the deceased (if one exists).
- If you already have a Grant of Probate or equivalent from another country an original or certified copy of this should be provided.
The application, which includes a lengthy affidavit, is filed at court with an original death certificate, the court fee, any will and such other evidence as may be necessary in the circumstances.
The court fee depends on the value of the estate:
|Value of Estate||Court Fee|
|Less than £10,000||£28.20|
|Between £10,000 and £50,000||£166.50|
|Between £50,000 and £125,000||£489.50|
|Between £125,000 and £250,000||£1,040.50|
|Between £250,000 and £500,000||£2,081.00|
|Between £500,000 and £1,000,000||£4,162.00|
|More than £1,000,000||£8,323.50|
When the Isle if Man court is satisfied with the application, they will issue the grant of representation in the name of the executor / administrator. The executor/administrator is then required to collect in the assets of the estate, discharge the liabilities and expenses of administration and to distribute the balance in accordance with the deceased’s will or the rules of intestacy (where there is no will covering the Manx assets).
Can you reseal a UK probate or other foreign probate in the Isle of Man?
No, it is not possible to reseal a Grant of Probate or Letters of Administration in the Isle of Man. A new ‘Manx’ probate will be required to deal with the assets of a deceased person located in the Isle of Man.
Worldwide Lawyers will be happy to assist with any other following:
- Isle of Man probate applications for overseas executors to enable them to close accounts with a bank in the Isle of Man or deal with shares or other Isle of Man assets;
- applications to allow an Isle of Man international life insurance policy to pay out to the estate of a person who has died;
- Isle of Man probate applications for the estates of people who have died domiciled in the Isle of Man
- Obtaining Isle of Man documents for use in overseas probate applications;
- Applications for Letters of Administration for the estates of people died without making a will (intestacy) or without validly nominating an executor in the will;
- Applications where an advocate, solicitor or other professional adviser takes responsibility for administering the Isle of Man estate on behalf of their client; and
- Isle of Man probate applications where a personal representative of an estate containing assets in the Isle of Man has died without completing the administration of the deceased’s estate (de bonis non).
If you need a lawyer in the Isle of Man to assist with obtaining probate or Letters of Administration in the Isle of Man, contact Worldwide Lawyers for a free, no-obligation quotation on 01244470339 (if calling from the UK) or 0044 1244 470 339 (if calling from outside of the UK). Or email us at email@example.com.