In the Isle of Man, probate applications often involve a cross-border element, whether that be the United Kingdom, Ireland or further abroad like South Africa, which clearly signals the global nature of modern families. 

Probate will be required in each jurisdiction where assets are situated, which entails separate probate applications in each of these jurisdictions meaning the appointed representative (executor/administrator) in the deceased’s country of domicile will not be entitled to use the foreign grant of probate to collect and administer the deceased’s property found in a foreign jurisdiction. 

Cross border probate intricacies 

Rules and procedure to apply for probate diverge sharply between jurisdictions and with many countries implementing online systems to issue key documents such as grants of probate, the complexity global families are faced with continuously grows. Certain jurisdictions may not accept electronically issued key documents for various reasons but mainly due to the receiving country not being able to verify the authenticity of the electronic document. Further complications may arise if the jurisdictions where the property is located are subject to differing legal systems such as common law, civil law or a combination of common and civil law.  

Probate is often first obtained in the deceased’s country of domicile whereafter applications are submitted in turn for the remaining jurisdictions. Each jurisdiction will require a specific set of supporting documents to be submitted in support of the application. This often causes delays and extra costs, which is further complicated if the country of domicile is a civil law jurisdiction which does not issue court-sealed and certified documents.  

One of the key documents in support of the probate application is the deceased’s Last Will and Testament. If the will is erroneously limited in jurisdiction, or if the deceased made separate wills for each jurisdiction which inadvertently revoked each other, or the deceased died intestate (without a will), different rules and procedures to obtain administration of the estate will take effect. 

How Kinley Legal can help  

At Kinley Legal, we understand the complexities and sensitivities involved in probate and estate administration. Our dedicated team specialises in providing comprehensive probate services, ensuring that you receive the support and guidance needed during these challenging times. 

We have extensive experience advising about the probate requirements for people who died domiciled locally and internationally in both common law and civil law jurisdictions.  

Typical instructions we assist with 

• Applications by overseas executors requiring Manx probate to close Isle of Man bank accounts or facilitate the payout of isle of Man international life insurance policies; 

• Assistance with probate applications for estates of individuals domiciled in the Isle of Man, including the provision of necessary documentation for overseas probate; 

• Administration applications for intestate estates or cases where no valid executor was nominated in the Will; and 

• Applications where legal professionals, such as advocates, solicitors or lawyers, assume responsibility for administering the estate on behalf of their clients. 

Our service 

• Evaluating the applicable legal systems; 

• Collecting and processing the required data; 

• Advising on the required supporting documents; 

• Provision of Isle of Man specific affidavits, power of attorney and forms (if required); 

• Completing the probate application; 

• Detailed advise on compliance with the execution procedure and requirements; 

• Submission of the probate application; 

• Responding to any queries raised by the Probate Registry; and 

• Obtaining the grant of probate. 

Probate rules in the Isle of Man requires an applicant to have a nominated address in the Isle of Man for communication. It is advisable to have an adequately qualified person in the Isle of Man who can assist, guide and respond to any communication received. 

Our approach 

With years of experience in probate law, our team is adept at handling even the most intricate cases, ensuring efficient and effective resolutions. 

We prioritise clear communication and empathy, guiding clients through each step of the probate process with compassion and transparency tailored to meet the unique needs of each client.  

Contact us today 

If you would like to make an appointment for a consultation to discuss your situation, please contact us by e-mail at contact@kinleylegal.com or complete our simple contact form, and we would be pleased to help.