What is Probate?

Probate describes the process of applying to the Probate Registry to handle a person’s affairs after they have died.

An application is for a formal “grant” to be issued.

Once the Application is approved, the Registry issues a "Grant of Probate," which gives the appointed Executor or Administrator the authority to handle the deceased's financial affairs.

The type of Grant issued depends on whether there is a valid Will:

• A Grant of Probate is issued if there is a Will.
• A Grant of Letters of Administration is issued if there is no Will.

The Grant thereafter enables the appointed persons with the authority to handle debts and collect and divide any remaining assets in accordance with the deceased’s wishes as stated within the Will or following the Intestacy rules should they have died without a Will.

What is Letters of Administration?

Letters of Administration refers to the legal process of applying to the Probate Registry to manage a deceased person's estate when there is no Will.

The court issues a "Grant of Letters of Administration", which gives the appointed Administrator the authority to handle the deceased's financial affairs.

To obtain this Grant, the Administrator must submit an application to the Probate Registry, and once approved, they are empowered to settle debts, collect assets, and distribute the estate.

Do I always need a Grant of Probate following a death?

A Grant of Probate is not always required following a person’s passing.

Following any death; the first stage in administering a person’s estate is to notify all relevant account holders where the deceased held financial assets and advise them of the death.

The bank or financial institution will at this stage advise whether they require a Grant of Probate to close and finalise the account.

A Grant of Probate is generally required by banks and financial institutions in the Isle of Man when there are funds held in excess of £10,000.

However, different asset holders have different internal rules as to their individual requirements. There are no set figures or guidelines for when or the amount a Grant of Probate is specifically required.

Note: A transfer or sale of land from an estate will always require a Grant of Probate irrespective of its value.

How do I obtain a Grant in the Isle of Man?

In order to obtain a Grant in the Isle of Man, a person (the Executor or Administrator) has to make an application to the Probate Registry and pay the appropriate Court Fee.

The first stage is to determine which type of application is required.

Starting the administration depends upon the following:

• If there is a Will it will usually name executors. The executor is the person responsible for managing the probate process and the eventual distribution of assets etc. They can apply to the Probate Registry for a ‘grant of probate’.
• If there is a Will but it doesn’t name executors, or if none of the executors want to act, a beneficiary of the Will is allowed to apply to the probate registry themselves for a ‘grant of letters of administration (with Will)’.
• If there isn’t a Will, a relative or other eligible person is allowed to apply for a ‘grant of letters of administration’.

In order to make an application, the Registry will need to be provided with the following:

• Values: Details of the value of the estate of the deceased in the Isle of Man only. (The Registry is not interested in all of the deceased’s assets)
• Original Documents: An original copy of the Death Certificate and Original Will

There is no Inheritance Tax or death duties in the Isle of Man but the Court Application Fee is determined on the value of the deceased’s estate (in the Isle of Man only). The categories are as follows:

• Does not exceed £10,000
• £10,000.01 - £50,000
• £50,000.01 - £125,000
• £125,000.01 - £250,000
• £250,000.01 - £500,000
• £500,000.01 - £1,000,000
• Exceeds 1,000,000

How long does it take to make an application for Probate in the Isle of Man?

In the Isle of Man, it typically takes around 20 days for the Probate Registry to process and issue a Grant of Probate from the receipt of a completed application.

This timeframe does however vary depending on the complexity of the estate and whether any additional information or documentation is required. However, once all necessary paperwork is submitted, the court aims to provide the grant within this 20-day period, allowing executors to proceed with administering the estate. It is important to ensure all forms are correct to avoid delays in the process.

Who can apply for Letters of Administration in the Isle of Man?

If there is no Will the application process for Letters of Administration is the same as for a Grant of Probate.

However, as there is no Executor to the Will, those entitled to apply to “administer the estate” is determined by the Intestacy Rules rather than those nominated in a Will.

There is a specific order of priority starting with:

• Spouse
• Children
• Grandchildren
• Parents of the Deceased
• Brothers and Sisters
• Nieces / Nephews

Can I use a UK Grant of Probate in the Isle of Man?

No, a UK Grant of Probate is not accepted in the Isle of Man.

Whilst the Isle of Man and the United Kingdom share some historical ties, they are legally distinct jurisdictions with their own separate legal systems. The Isle of Man has its own set of laws governing probate, and as such, a Grant of Probate issued by a UK court cannot be used to administer an estate in the Isle of Man.

If the deceased person owned assets or resided in the Isle of Man, you will need to apply for a Grant of Probate from the Isle of Man Probate Registry. This process requires the submission of an application to the Manx court and providing the necessary documentation, including the Will (if one exists) and the death certificate.

If you need assistance please do not hesitate to contact Patrick Swanney or email us directly via the "Contact Us" form available https://www.mplegal.im

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