Probate Court altered away from Church funding

Thursday 28 June 2018

Probate services in Guernsey are to be brought under the jurisdiction of the Royal Court, and away from the Ecclesiastical Court.

The move was announced in the States yesterday, as Policy & Resources President Gavin St Pier said while it was currently was administered by the Ecclesiastical Court – it was thought to have been established in medieval times.

The court is presided over by the Commissary of the Bishop of Winchester, who is the Dean of Guernsey.

“It is understood, then, that Guernsey is one of the very few jurisdictions in the world where probate is granted and administered by a religious body,” Deputy St Pier said, “I think everyone - including the Dean - accept that the continuation of this system is an anachronism. However, the Policy & Resources Committee is of the view that it is an anachronism which now, in 2018, needs to be resolved - and I am pleased that the Dean is proactively assisting the Policy & Resources Committee in doing that, and in a way that is respectful to the Ecclesiastical Court.”

The fees currently charged by the court were considered reasonable, but it was considered that it was no longer appropriate for the Ecclesiastical Court system to administer it.

“In the consultation, there were some concerns expressed about the lack of transparency due to the probate function being administered by a non-government body (a situation which in no way reflects on either the Dean or those who are employed to administer the current system). But the time is now right for the States of Deliberation to provide for the transfer of the probate jurisdiction to the Royal Court. 

“The Policy & Resources Committee had intended to submit a policy letter on this matter for debate at this meeting of the States. However there has been significant correspondence with the Dean, and when we met again earlier this month, it was clear that the Dean and the Policy & Resources Committee had come to shared set of principles that, if adhered to, would enable modernisation of the probate service while maintaining the levels of service currently provided at reasonable cost.

“I would like to put on record my appreciation of the Dean's constructive approach.”

P&R will now bring a policy letter to the States later this year, he said, which formally recommends the change.  

“Our aim, which may be ambitious, is for the jurisdiction to be changed from 1 January 2019. If it is, then the community in Guernsey will notice no difference in services, and no difference in cost, but the probate service will cease to be the function of an ecclesiastical court and instead will be a service provided on behalf of government through the Royal Court.”