Many South African individuals will have invested in assets based in the United Kingdom (UK) and the Isle of Man, Jersey, and the Bailiwick of Guernsey (together the ‘Crown Dependencies’) during their lifetimes. While there are many benefits to these investments, such as stable political climates and well-regulated financial services industries, understanding the probate processes required on death can be complex.
How do we ensure that any such investments are successfully covered in an individual’s succession planning?
It is a truth universally not acknowledged that the Crown Dependencies are not part of the UK. We often see Wills covering assets in the ‘United Kingdom’ that lead to an intestacy in the Crown Dependencies.
The Crown Dependencies also have separate and distinct legal systems and processes from each other. This can be difficult to navigate for those who are not familiar with the jurisdictions.
While assets in these jurisdictions can be covered by a worldwide Will, depending where and what the assets in question are, it may be useful to cover these in a separate Will.
One issue that we, as private client practitioners working with assets in the UK and Crown Dependencies, regularly see is Wills that unintentionally revoke others.
It is important to ensure that when drafting or updating Wills care is taken to not inadvertently revoke or affect another Will. Avoiding blanket revocation clauses is advisable unless you are sure there is only one Will.
Following death, it can be difficult to understand and obtain the necessary requirements for releasing assets held abroad. The Crown Dependencies have separate registries for dealing with probate, distinct rules as to how this can be applied for, and different fee structures.
Assets can also appear to be in one jurisdiction – for example if the administration is there – but the asset itself is domiciled elsewhere. It is, therefore, useful to understand where the asset is actually based when succession planning and on death.
Probate in the UK and Crown Dependencies can be a challenging process, particularly for people who are unfamiliar with the legal systems of these jurisdictions. However, with proper knowledge, legal assistance, and planning, the process can be managed effectively. Understanding the unique requirements and legal frameworks of the UK and the Crown Dependencies is crucial for ensuring a smooth and efficient administration of the estate.
Stephanie Setters Law with French LLB (Brunel University) Legal Practice Course (University of Law) is a private client associate in the London office of RWK Goodman.
This article was first published in De Rebus in 2025 (Jan/Feb) DR 34.
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