Wilkie v AG [2000] JCA 147 (26 July 2000)

Wilkie v AG [2000] JCA 147 (26 July 2000)

The specific bequest, as interpreted with the saving provision, was not adeemed. The testator intended the entire value attributable to the Guernsey Press shares, including both the Guiton shares and the cash consideration, to pass to the specific legatees. The saving provision was effective to prevent ademption, and the cash consideration formed part of the specific bequest.

Citation
[2000] JCA 147
Parties
Representor: Geoffrey George Crill; First Respondent: Inawa Marion Paviour-Smith; Second Respondent: Maria Ilda Silva Percy (née Joao); Third Respondent: La Société Jersiaise; Fourth Respondent: La Société Guernsiaise; Fifth Respondent: The National Trust for Jersey; Sixth Respondent: The National Trust for Guernsey; Seventh Respondent/appellant: Jill Kathleen Lee (née Watson); Eighth Respondent/appellant: Margaret Poingdexter (née Amy); Ninth Respondent/appellant: Geraldine Vivian Tomlin (née Yates); Tenth Respondent/appellant: The Master for the time being of Pembroke College, University of Oxford
Jurisdiction
Jersey
Judgment Date
26 July 2000
Procedural Posture
Appeal / Appeal From Royal Court Judgment Dated 4th April 2000
Outcome
Appeal dismissed
Legal Topics
Ademption of Specific Bequests, Interpretation of Wills, Doctrine of Ademption Under Jersey Law, Substitution of Assets in Testamentary Dispositions
Wills and Probate Trusts Succession Law Ademption of Specific Bequests Interpretation of Wills Doctrine of Ademption Under Jersey Law Substitution of Assets in Testamentary Dispositions

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Parties

Geoffrey George Crill

Representor

Inawa Marion Paviour-Smith

First Respondent

Maria Ilda Silva Percy (née Joao)

Second Respondent

La Société Jersiaise

Third Respondent

La Société Guernsiaise

Fourth Respondent

The National Trust for Jersey

Fifth Respondent

The National Trust for Guernsey

Sixth Respondent

Jill Kathleen Lee (née Watson)

Seventh Respondent/appellant

Margaret Poingdexter (née Amy)

Eighth Respondent/appellant

Geraldine Vivian Tomlin (née Yates)

Ninth Respondent/appellant

The Master for the time being of Pembroke College, University of Oxford

Tenth Respondent/appellant

Procedural Posture

Appeal / Appeal From Royal Court Judgment Dated 4th April 2000

Legal Issues

  1. 1 Whether the cash consideration for Guernsey Press shares formed part of the specific bequest or fell into residue due to ademption
  2. 2 Whether the saving provision in the will prevented ademption under Jersey law

Ratio Decidendi

The specific bequest, as interpreted with the saving provision, was not adeemed. The testator intended the entire value attributable to the Guernsey Press shares, including both the Guiton shares and the cash consideration, to pass to the specific legatees. The saving provision was effective to prevent ademption, and the cash consideration formed part of the specific bequest.

Court Disposition

Appeal dismissed

Orders

  • The cash consideration of £1,130,000 in respect of the Guernsey Press shares forms part of the specific bequest and passes to the specific legatees.