- The intermeddling offence: imposing criminal liability.
Unlike a number of other jurisdictions, in Jersey it is a criminal offence to take possession of or in any way administer the movable estate of a deceased person prior to a grant of probate being obtained (the intermeddling offence). Her Majesty’s Attorney General (HMAG) is responsible for deciding whether to commence criminal proceedings in Jersey, including for the intermeddling offence.
The need to comply with Jersey’s probate requirements was underscored by the recent convictions of two financial services firms for intermeddling. Against that background, it is welcome that, with effect from April 2020, HMAG has issued revised guidelines on the intermeddling offence (the guidelines) that:
- clarify when the Registrar of Probate (Registrar) must refer a case of suspected intermeddling to HMAG; and
- provide financial services businesses with guidance on the public interest factors that HMAG will apply when deciding whether to prosecute.
The guidelines do not suggest a ‘sea change’ in HMAG’s approach. Nonetheless, they give a helpful
