Last year, the States of Jersey enacted the Covid-19 (Signing of Instruments) (Jersey) Regulations 2020 (the “Regulations”). These Regulations came into force on 23rd April 2020 and put in place a temporary regime, lasting until 30th September 2020, which allowed various probate documents including Wills to be executed remotely via video link.
These Regulations were further extended on 30th September 2020 via the Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 2020, allowing Wills and some probate documents to be executed remotely via video link until 30th April 2021.
Recently, on 23rd April 2021, the States of Jersey further extended these Regulations via the Covid-19 (Amendments – Extension and Suspension) (Jersey) Regulations 2021, which come into force on this day, 29th April 2021, and allow Wills and various probate documents to be executed remotely via video link until 31st October 2021.
Understandably, there are increased numbers of people who are interested in preparing and executing Wills at this challenging time. The Covid-19 (Signing of Instruments) (Jersey) Regulations 2020, now extended until 31st October 2021, are in place to allow people to execute Wills while in lockdown and to ensure that the appropriate safeguards and practices continue whilst doing so.
These safeguards and practices include:-
In all cases the relevant parties must be able to see and hear each other.
The individual making the oath, signature, or testament, must be positively identified by relevant persons, be that witness, testator, or Judicial Greffier.
The relevant persons, be that witness, testator or Judicial Greffier, must be able to see the signature being made.
The relevant persons, be that witness, testator or Judicial Greffier, must make themselves satisfied that the document being signed is in fact the document in question.
As relevant, the witness, testator or appointer, must provide a written declaration that the above has been carried out, usually within 14 days, to the Judicial Greffier, testator or their retained advocate or solicitor.
Where necessary, such as in the case of a will of immovable estate, documents must still be read aloud.
Documents, such as signed forms, must be filed with the relevant bodies, with some being time-restricted, for example providing the Judicial Greffier with documents 3 days before application for probate or letters of administration.
Pinel Advocates’ Wills and Probate team has considerable experience in advising on the execution wills and assisting parties to obtain probate. For more information contact Janina Porter or Liberty Lees-Baker at jp@pineladvocates.com and llb@pineladvocates.com respectively.