How a discharged bankrupt can now be executor of a will in Jersey

A recent decision of the Jersey courts means that individuals who have previously been bankrupt will now, in certain circumstances, be able to act as executors of estates.

Before the ruling, the Registrar of Probate in Jersey wouldn’t allow a previously bankrupt individual to be appointed as an executor. The policy appears to have been in place for a long time, but it had never previously been challenged in court.

In this case, a man who had previously been bankrupt was named as the sole executor of his late mother’s will and was its only beneficiary. The Registrar of Probate had refused to permit his appointment as executor, but referred the matter to the Royal Court.

The Court heard arguments that the policy was unlawful and its origins unclear. Lawyers from Mourant Ozannes, acting for the executor, said it amounted to an unlawful and unjustified blanket application of a policy. The Court agreed, approving the appointment.

Going forward, the Probate Registry should be willing to consider applications for probate where the named executor is a discharged bankrupt. The executor in this situation would be able to avoid the cost and hassle of appointing an attorney executor in his or her place, and be able to take up the appointment directly.