This Practice Note is produced in partnership with Josephine Howe, partner and Grace Gao, counsel, both of Ogier. When a person has passed away leaving assets with a situs in the British Virgin Islands (BVI), such assets will be frozen until a grant is issued by the BVI court. For shares in a BVI company held personally or via a nominee arrangement, such shares will be effectively frozen upon the passing away of individual shareholders. A BVI grant is required to transfer the deceased shareholder’s shares. On 1 November 2017, BVI introduced the Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules 2017 (2017 Rules), revoking the old probate rules. From that effective date, all new and pending applications will be subject to the 2017 Rules, irrespective of the date of death. Unless otherwise noted, all references to a rule in this Practice Note are to one of the 2017 Rules. Order of grant entitlement Where a non-BVI domiciled deceased died leaving a valid Will, probate may be granted to the

Application for Grant of Probate No Grant of Representation can be issued by the Registry unless the deceased held assets at the date of death in their sole name, which are within the jurisdiction of the Registry, and for which the asset holder confirms a grant is required. Guernsey domiciled testator The probate jurisdiction in Guernsey is administered by the Probate Registry. The daily business of the registry is administered by the Registrar. The named executor (or their advocate) must provide the Registrar with the following documents under cover of the Registry's standard application form: • the original Will • the original Codicil(s) • the original death certificate • the valuation of the gross estate (either by reference to the Guernsey estate or the worldwide estate dependent upon where the Will is first presented for probate) at the date of the testator’s death • sealed/stamped and certified copy of the grant of probate/letters of administration and Will issued outside Guernsey, including translations, if applicable • copy correspondence from each asset holder confirming the value of the asset owned

When a non-Jersey domiciled person dies leaving assets in Jersey with a value of over £30,000, the asset-holder is legally required to request that a Jersey Grant of Representation (being a Grant of Probate if the deceased died with a Will or Grant of Letters of Administration if they did not) be issued by the Royal Court of Jersey and produced to the asset holder before they are able to release those assets pursuant to Article 19(1) of the Probate (Jersey) Law 1998, which states as follows: ‘Subject to Articles 19A to 19E, and except as otherwise provide by any other enactment, the production of a grant is necessary to establish the right to recover or receive any part of the movable estate situated in Jersey of ay deceased person.’ The Jersey Grant confirms to whom the Jersey assets can legally be released, and offers an indemnity to the asset holder against them releasing the assets on the instructions of that person(s). However, if the assets held in Jersey

ARCHIVED: This Precedent is archived and is not maintained. Wildlife and Countryside Act 1981, section 53(2) and Schedule 14, para 1 [Title of Definitive Map and Statement] To: [name of authority] of: [address of authority] [I OR We], [name

Who may apply for probate or letters of administration An application for a grant of representation can be made personally, by the executors named in the Will or the proposed applicants for a grant of letters of administration, known collectively as the personal representatives (PRs), or through a professional probate practitioner on behalf of the PRs. This Practice Note covers the procedure which applies where the application is made by a probate practitioner on behalf of the PRs. Where the application is to be made by lay PRs without a probate practitioner, the procedure is slightly different and guidance is available online. How to apply for probate or letters of administration Probate practitioners may apply for a grant of representation on behalf of the PRs: • by post, using application form PA1P (where there is a Will) or PA1A (where there is not a Will), or • online, using the HMCTS online application service Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement

Property Disputes analysis: This is an important decision because it adds to the emerging case law under Part 5 and Schedule 8 to the Building Safety Act 2022 (BSA 2022). It is the third decision of the First-tier Tribunal (Property Chamber) (FTT) concerning an application for a remediation order (RO) after Waite v Kedai (2-4 Leigham Court Road), decided on 9 August 2023, and Culpin v Stockwood Land 2 (Orchard House), decided on 12 December 2023. By Robert Bowker, barrister at Tanfield Chambers.

Obtain necessary information to draft statement in support of application for validation order: • a company search • a copy of the winding-up petition • details of the debt and, if disputed, details of the dispute • up-to-date accounts and forecasts, including bank account statements • details of the intended dispositions (including continued trading if relevant) and/or transfers (including supporting documentation) • if the asset is a property, identification of the property including title numbers • valuation evidence if an asset is to be disposed of See Practice Note: Validation orders—dispositions of property after commencement of winding up. Draft: • witness statement in support from a director or officer of the company who is intimately acquainted with the company's affairs and financial circumstances. If appropriate, supporting evidence from the company's accountant should also be produced.

Family analysis: In a short judgment, Charles Morrison, sitting as a deputy High Court judge, declined to make an order under Article 54 of Regulation (EU) 1215/2012, Brussels I (recast) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in respect of an Italian freezing order. Alex Laing, barrister at Coram Chambers, examines the judgment.

Restructuring & Insolvency analysis: Just Trays Ltd (JTL) responded to a statutory demand served by Emu Products Ltd (EPL) with an application to restrain the presentation of a winding-up petition, on grounds that there was a clear and substantial dispute concerning the debt claimed in the statutory demand. The substance of the dispute related to the common director between JTL and EPL, and the manner in which EPL came to supply JTL and how it benefitted from such supply, with JTL alleging the relevant individual's role amounted to a breach of directors' duties and asserting a cross claim for damages arising from secret profits and/or misuse of confidential information and/or exploitation of intellectual property rights developed as a result of the supply by EPL. In relation to the relevant test, which is whether there is a genuine triable issue which is real as opposed to frivolous, the Judge found in favour of JTL, and granted the injunction. Written by Katie Farmer, partner at Trowers & Hamlins LLP.

FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation. This Practice Note deals with the procedure for obtaining confirmation in intestate estates. For testate estates, or those aspects of applying for confirmation which are the same for both testate and intestate estates, see Practice Note: Application for confirmation in Scotland—testate cases. Appointment of executor Order of succession The rules of intestate succession are set out in the Succession (Scotland) Act 1964 (S(S)A 1964).

FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation as required. This Practice Note describes the procedure for obtaining confirmation in Scotland in testate estates in situations both where no inheritance tax (IHT) is payable and where IHT is payable. For information on obtaining confirmation in intestate estates, see Practice Note: Application for confirmation in Scotland—intestate cases. What is confirmation? ‘Confirmation’ is a document issued by a Sheriff Court, confirming the appointment

An application to the court for a date to be set for the pronouncement of a decree nisi or of a conditional order.