Law change planned to make passing on heirlooms easier

Thursday 06 April 2023

Passing personal effects, including jewellery, clothes, furniture and paintings, to friends or family members after someone’s death could become more straightforward as part of proposed law changes.

Chief Minister Kristina Moore has put forward changes to the Probate Law which would allow personal items worth up to £30,000 to be passed to beneficiaries with less administration than is currently required.

The plans relate to personal property, also known as 'movable estate', laying out a new procedure where beneficiaries can complete a form in order to gain authorisation to obtain the items.

The report accompanying Deputy Moore's proposition states: “As it currently stands, a grant of probate or administration is required in respect of all deceased person’s estates.

“This costs money, takes time and, in the case of low value estates where there is little complexity, can be viewed as overly onerous, hence a number of small estates are not claimed.”

Another effect of the proposals, if adopted, would be to remove an offence known as “intermeddling” – as things stand, this offence may be committed inadvertently by care providers should they give items of property that belonged to a dead person to family members or friends ahead of probate being granted.

Pictured: Chief Minister Kristina Moore has put forward the proposals.

Those managing a dead person's estate will still be required to apply for, and receive, a grant of probate in order to establish the right to recover or receive the estate.

The matter is set to be debated at the Assembly sitting scheduled for 23 May.