Where a deceased person, wherever resident at the date of death, held assets in the Isle of Man such as an insurance bond or policy or monies in a bank account, it may be necessary for the personal representatives of the deceased person’s estate to obtain a Grant of Representation – either a Grant of Probate (where the deceased left a will) or Letters of Administration where the deceased died intestate (leaving no will) – before the financial institution will release the assets to them to be administered.
Applying for a Grant
When someone dies living outside the Isle of Man leaving a will and a Grant of Probate has been obtained or is being applied for in the place of residence, the Isle of Man Probate Court requires the applicant(s) to file (with a sworn application) a Court Sealed or Court Certified copy of the original Grant from the Issuing Registry. The Court also requires a similarly sealed or certified copy of the will and an official Registry issued Death Certificate must be filed with the application.
Where someone dies living outside the Isle of Man intestate (leaving no will) an application for Letters of Administration is made in a similar way to a Grant of Probate with a Court Sealed or Court Certified copy of the original Letters of Administration which have been obtained in the place of residence.
If no Grant is necessary in the place of residence, the Isle of Man Court requires an official Registry issued certified copy Death Certificate and the original will (if applicable), with a sworn application.
Where a person dies whilst living outside the United Kingdom, it is often quicker and more convenient for the executors or next of kin to appoint an attorney in the Isle of Man to act on their behalf in obtaining a Grant or Letters of Administration in the Isle of Man.
Simcocks can prepare a Power of Attorney document for this purpose to be signed by the executors or administrators appointing a director of Simcocks to make the necessary application. All the above mentioned information and documentation would be still required.
The timescale for obtaining a Grant of Probate from the date the application is made to the General Registry is approximately four weeks subject to matters being fairly straightforward.
Fees and Disbursements
At Simcocks, we are happy to provide a competitive quote which will depend upon the type and complexity of the service required.