Representation of Frost: [2024] JRC 166

This unique case considered the principles to be considered when the Court is invited to make a declaration of a death.

Jersey’s customary law provides a rebuttable presumption that a person has died if there has been no news of them for seven years. That principle was last considered by the Royal Court over 10 years ago.

In this case, the seven year period had not yet expired. As such this customary law rule could not be applied to this case.

The Court noted that article 7(4) of the Probate (Jersey) Law 1998 that an application can be made at any time (i.e. there is no need to wait for seven years) in the context of an application for a Grant of Probate to deal with moveable estate. If such an application were to be granted the Court must be satisfied that the death of the person to whom the application relates “may be presumed beyond all reasonable doubt to have occurred on or after a certain date”.

KEY WORDS: Presumption of Death; Probate

A unique case considering the principles to be considered when the Court is invited to make a declaration of death.

The Court held that it is empowered whether as a matter of Customary Law or pursuant to the Probate (Jersey) Law 1998 to make such a declaration and extend this across the entirety of the estate of the person who is the subject of the application.