Probate transfer motion ‘was a vanity project’

The proposition is included in the Government Work Plan, which the States is due to debate next month.

In June, the States voted 21-17 for responsibility for the processing of wills and personal estates to shift from the Church of England to the Royal Court.

On BBC Guernsey’s breakfast programme Deputy Peter Ferbrache, who voted against the move, rejected a claim by his P&R predecessor, Deputy Gavin St Pier, that this was ‘the very worst of flip-flop government’ that was intent on maintaining the status quo.

Deputy St Pier said if responsibility for probate was to remain outsourced then it should go to tender to ensure taxpayers got value for money.

‘Nobody in Guernsey can possibly imagine that it is correct that one denomination from a single faith should be responsible for the administration of probate for those who die in the island.

‘I cannot believe that after five years’ work and countless hours of time and the legislation’s been drafted and we’re ready to go and in the space of 5-10 minutes in a meeting P&R has decided it’s appropriate to junk this.’

Deputy Ferbrache disagreed. ‘Why would you bring something into the States system which would mean more States employees, more cost, more bureaucracy and less efficiency than a system that works well?’ he said.

‘Why would you go out to tender if they’re already doing the job so efficiently? We want small government and we want to be able to achieve things.’

After a full discussion, P&R had decided it was against centralising something that was de-centralised and he said the original motion had been a vanity project.

‘This is a different States that is not so concerned with dogma and creed,’ he said.

P&R’s intention was to reduce the size of the States and not to increase it, he told BBC Guernsey’s Oscar Pearson.

Deputy Ferbrache said as a practising lawyer, he had experience of dealing with probate in other jurisdictions and what Guernsey had currently was more efficient and cost-effective than any other.

Leaving probate in the hands of the Church was not a religious matter, he said. He was not a religious person and religion did not come into it.

The running costs of the Ecclesiastical Court with its legal registrar and staff in 2014 was £318,000 and for 2018 it was £268,000.

If Probate responsibility stayed with the Ecclesiastical Court the benefactor – the Social Investment Fund – would have exactly the same benefits as it would under a States-run system, he said.

• The Government Business Plan proposal is expected to face amendment on the proposal.