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10 December 2020 / Daniel Maine
Issue: 7914 / Categories: Features , Wills & Probate , Profession
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Avoiding an intermeddling muddle

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Revised guidelines give greater clarity on when intermeddling will be prosecuted, as Daniel Maine reports
  • 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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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