Making an application

How do I apply for a grant when the deceased was an Isle of Man resident? | What about when the deceased died domiciled outside the Isle of Man? | The application form | How do I determine the value of the estate? | Will I have to attend the General Registry in person? | Address for service | Probate Fees | What happens to the original documents I submit in support of my application?

22. How do I apply for a Grant when the deceased was an Isle of Man resident?

The basic stages for applying for a Grant are set out below:

1. obtain the Application Form from the Forms page (please see left margin). The Guidance Notes to assist with the completion of the application form are also available on the Forms page.
2. complete the application form.
3. obtain the required supporting documentation, in particular an original or Registry certified copy Death Certificate and the original Will (if applicable).
4. the application form needs to be sworn or affirmed before a Commissioner for Oaths. This can be done by any person empowered to administer oaths (for example, an Advocate or Justice of the Peace) or by staff at the Public Counter of the Isle of Man Courts of Justice on payment of the prescribed fee - please see the easy reference guide to Probate Fees on the Forms page.
5. Please note that if the application is supported by a Will (and any Codicil(s)), the Will (and any Codicil(s) also need to be freshly marked (that is to say signed with full signatures) on each front page by both the applicant or applicants and by the Commissioner for Oaths before whom the application is sworn or affirmed (see Swearing of Affidavits for more information).
6. calculate the appropriate application fee, depending on the value of the estate and the number of additional requirements (for example, the number of certified copies required), in accordance with the fees prescribed by the Court Services Fees Order currently in force (please see the guide to Probate Fees on the Forms page).
7. DRAFT APPLICATION - If you feel that your application is complex and you wish the Probate Office to review it before submission this can be done on payment of the requisite fee. Please note that in these circumstances the Court requires only plain copies of all documents for review at this time.
8. lodge the application form and the appropriate fee, together with any supporting documentation, at the Public Counter at the Isle of Man Courts of Justice. Alternatively, you may post your completed application to:-
   The Probate Office
   Isle of Man Courts of Justice
   Deemsters Walk,
   Bucks Road
   Douglas,
   Isle of Man
   IM1 3AR
   Please do not send cash through the post; cheques should be made payable to “ISLE OF MAN GOVERNMENT”.

Please note that other payment instruments may not be acceptable; depending on the country of origin etc. If in doubt please contact the Probate Office directly.

You should keep a copy of the completed application form, and any other documents that you submit, when you lodge your application.

23. What about when the deceased died domiciled* outside the Isle of Man?

The word domicile, generally speaking, means the country where the deceased had their permanent home. However it is possible to be domiciled in a country without having a permanent home there. The procedure for applying is similar in most respects as if the deceased had been an Isle of Man resident, however there are some additional documents required to support the application.

* Please note that a sworn statement of the deceased's domicile appears in the wording of the Grant of Representation. Where a country has no uniform system of law (eg in the case of Australia, Canada or the United States of America) the particular Province, State or other judicial division must be specified. Similarly the United Kingdom is NOT acceptable as a country of domicile, such must be sworn to as either England and Wales or Scotland or Northern Ireland (as appropriate).

IF THE DECEASED LEFT A WILL:

In the event that the original Will (and Codicil(s)), providing it covers the deceased’s estate in the Isle of Man*, has already been submitted to the Court having jurisdiction in the country where the deceased died domiciled, the application must be supported by the following documents:

• A court sealed or Court certified copy of the Grant of Probate from the issuing Registry and
• A Court sealed or Court certified copy of the Will and (any Codicil(s)) and
• An original Registry issued Death Certificate
• An official certified translation of any document not in the English language

PLEASE NOTE: A Court sealed copy will bear a raised or coloured seal of the issuing Registry or Court; A Court certified copy will be marked, usually on the reverse, with the signature of the issuing officer certifying that the document is a true copy of the original document.

It is NOT sufficient to submit plain copies of the documents, a solicitor certified copy or a copy certified by anyone else other than the issuing Court or Registry.

*IMPORTANT: The Isle of Man is NOT part of the United Kingdom, nor Great Britain but it IS part of the British Isles.

If the deceased left more than one Will, and one of the Wills covered the estate in the Isle of Man, the original Will covering the estate in the Isle of Man must be submitted with the application together with plain copies of every other Will the deceased left in relation to assets in other, separate jurisdictions.

In all instances the Will (and Codicil(s)), whether it be an original, a Court sealed copy or a Court certified copy which is submitted with the application, must be freshly marked (that is to say signed with full signatures) on each front page by both the applicant(s) and the Commissioner for Oaths before whom the application is sworn, irrespective of the fact that if it is a Court sealed copy or a Court certified copy it will already have been marked when Probate was applied for in the country where the deceased died domiciled.

Failure to provide either Court sealed or Court certified copies, or failure to have the Will (and Codicil(s)) freshly marked (signed) by both the applicant(s) and the Commissioner for Oaths, will result in delays in processing the application as the documents will have to be returned to the Isle of Man address for service for the necessary requirements to be complied with.

The address for service MUST be an address in the Isle of Man. For further information in relation to the address for service, please see Section 27 Address for Service in the Probate Information Sheet (see Forms page) or Section 27 below.

IF THE DECEASED DIED INTESTATE (did NOT leave a Will):

In the event that the deceased died intestate (did not leave a Will), the application must be supported by a Court sealed copy or a Court certified copy of the Grant of Administration from the issuing Court or Registry in the country where the deceased died domiciled. Again, please note it is NOT sufficient to simply submit a plain copy, a solicitor certified copy or a copy certified by anyone else other than the issuing Court or Registry.

If no Grant of Administration has been issued from the country of domicile of the deceased then there must be confirmation of entitlement submitted in support of the application. The confirmation of entitlement may be in the form of an Affidavit of Foreign Law from a suitably qualified but disinterested lawyer in respect of the law on intestacy in the country of domicile of the deceased and in particular the law on intestacy as applied to the deceased. Alternatively a Court sealed or Court certified copy of a Certificate of Inheritance may be submitted in support of the application.

Failure to provide either Court sealed or Court certified copies will result in delays in processing the application as the documents will have to be returned to the Isle of Man address for service for the necessary requirements to be complied with.

The address for service MUST be an address in the Isle of Man. For further information in relation to the address for service, please see Section 27 Address for Service in the Probate Information Sheet (see Forms page) or Section 27 below.

24. The application form

There is only one application form to complete, however depending on the circumstances you may need to supply additional documentation in support of your application. The probate application form asks for details of the deceased and the applicant or applicants.

The application form together with Guidance Notes to assist on the completion of the form and the Probate Information Sheet (the "Probate Information Pack"), can be either:

downloaded from the Forms Page (see left margin) or

collected from the Public Counter at the Isle of Man Courts of Justice or

collected from the Public Counter at the Probate and Tribunals Office, Ground Floor, Murray House, Mount Havelock, Douglas or

obtained by contacting the Probate Office who can either

post the Pack out to you or

email the Pack to you.

25. How do I determine the value of the estate?

The application form asks you to complete an Inventory of the estate of the deceased in the Isle of Man at the date of death which will help you to calculate the gross value of the estate. The probate fee (see Current Probate Fees on Forms page) for lodging the application is based on the gross value of the estate, however please note that if the gross value of the estate is not indicated on the application form the maximum probate fee will be charged.

You should try to obtain the full value of everything in the Isle of Man owned by the deceased or due to them from any source at the date of their death (whether or not it has already been received) including any interest or bonus which will be paid. This does not apply to property nominated in favour of any person* and joint property if the deceased’s share passed by survivorship.

*An example of property nominated in favour of a person may be a pension scheme which provides for certain benefits due on death to be paid to a nominee without requiring a grant to be produced. However determining whether or not the value of certain property should be included can be very complex and therefore you should seek legal advice if you are in any doubt.

“Gross value” means the estimated price an item would fetch if sold at the date of the deceased’s death. Stocks and shares should be valued at the price at which they were quoted on the Stock Exchange on the day of death.

26. Will I have to attend the Isle of Man Courts of Justice in person?

All applications can be dealt with via the postal system, however the Probate Office may in certain circumstances ask an applicant (or applicants) to attend in person in order to clarify certain points or gain further information.

However, if you wish to discuss your application at the Public Counter of the Probate and Tribunals Office in Murray House, the Probate staff will assist by checking that the application form has been completed and the correct documents submitted in support of the application. Alternatively you may wish to hand-deliver your application to the Public Counter of the Isle of Man Courts of Justice but please note that the staff there will NOT be able to comment or advise on the actual answers you provide in response to the questions on the application form, nor will they be able to comment or advise on any documents submitted in support of the application.

You may also attend the Public Counter of the Isle of Man Courts of Justice to swear or affirm the application before a Commissioner for Oaths, if you have not already done so elsewhere. This service will be carried out by the staff of the Public Counter on payment of the prescribed fee (see Probate Fees on Forms page).

27. Address for service

Every application is required to state an address for service in the Isle of Man, irrespective of where the applicant or applicants live. Once an application has been made, the Probate Office will send all further correspondence or documents to the nominated address for service.

If there is no personal representative of the deceased in the Isle of Man you may wish to seek the permission of the organisation in the Isle of Man, with whom the assets of the deceased are deposited/held, to use their address. Organisations will normally grant permission for this, however the onus is on the applicant to check with the organisation first.

If permission has been gained from an organisation on the Isle of Man to use their address as the address for service for the application, it would assist if the applicant could establish the person’s name in the organisation to whom the Grant should be sent. This should be indicated on the application form and will help to ensure the Grant is sent directly to the correct person and therefore prevent any delays in the organisation releasing whatever assets of the deceased they hold.

28. Probate Fees

Please refer to the current Probate Fees on the Forms page.

Please remember when calculating the fee payable to include the cost of any additional requirements you may have (for example, 4 additional certified copies of the Grant, in addition to the application fee).

PLEASE NOTE that the Probate Fee based on the Gross Estate Value includes the cost of one Court sealed copy of the Grant together with a plain copy of the Will where applicable.

29. What happens to those documents I submit in support of my application?

ALL documents supplied in support of the application (for example the original Will, Death Certificate, etc.) will be permanently retained by the Court. Once the grant has been issued, all the information provided as part of the application will be available for public inspection in the Deeds and Probate Registry.

Once the grant has been issued any person may obtain copies of any document submitted, from the Deeds and Probate Registry, on payment of the requisite fee.