Dean welcomes P&R’s move to scrap changes to probate

Last year the States agreed to strip away the court’s main power, which is to handle probate, the term given to the process of dealing with the assets of someone who has died.

It was agreed that responsibility would be transferred to the Royal Court, despite fears that would slow the process, cost more and be cumbersome.

However, under the new government work plan, Policy & Resources has proposed leaving the system roughly as it is, but with the fees received from probate donated to the Social Investment Fund.

Those funds have been going to the Deanery Fund which also supports local charities and community initiatives.

The issue makes up three of the 135 resolutions that P&R wants to cull, in an effort to remove the gridlock in government.

The Dean, the Very Rev. Tim Barker, said he was looking forward to coming to an agreement.

‘I have absolutely no problem with the surplus income, which varies hugely from year to year, being used for charitable purposes through the Social Investment Fund. I think that’s a really good idea.

‘In fact, I suggested that model some years ago but that did not find favour at the time, and the decision was taken to produce the policy letter that the States considered last year.

‘The Ecclesiastical Court’s been operating for a long time, and it’s unusual, but that doesn’t mean that it shouldn’t continue.

‘The important thing is that it provides a service to people in Guernsey and those across the world.

‘We’ve been very pleased that the people have recognised that we do provide a good service.

‘Of course there will always be glitches, as there are in any organisation, but generally I believe that the service is high quality and we’re able to be much more responsive than a very large organisation.’

The court’s origins go back beyond surviving written records and historians are confident that it was in existence in the 13th century when Guernsey was a part of the Norman Empire.

Prior to the late 19th century it dealt with a range of ecclesiastical offences, such as failure to attend church, sorcery, heresy and adultery.

These crimes no longer exist and most of the modern court’s role is dealing with the estates of deceased people.

It has embraced modern technology over lockdown, said Mr Barker.

‘Even during the first lockdown we continued to operate, and though probate registries in many other countries closed down, probate continued to be issued in Guernsey.

‘We found ways of doing this innovatively and safely through WhatsApp and other technologies, so people were able to have access to their funds, whereas in other jurisdictions the process has been very, very slow.’