Representation of C and in the matter of Mr D (23 February 2017)

Representation of C and in the matter of Mr D (23 February 2017)

The Will is to be interpreted as a devise to the Representor of the portion of Mr D's immovable property expressed as benefitting E, as the Representor is the only entity capable of holding such property for E and this gives effect to the testator's clear intention.

Parties
Representor: C; Deceased/testator: Mr D; Devisee/charity: G; Named Devisee/charity: E; Beneficiary/charity: F
Jurisdiction
Jersey
Judgment Date
23 February 2017
Procedural Posture
Representation (probate) / Final Judgment
Outcome
Application granted
Legal Topics
Construction of Wills, Devise to Charities, Capacity to Hold Immovable Property, Interpretation of Testamentary Intent
Wills and Probate Charity Law Property Law Construction of Wills Devise to Charities Capacity to Hold Immovable Property Interpretation of Testamentary Intent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C

Representor

Mr D

Deceased/testator

G

Devisee/charity

E

Named Devisee/charity

F

Beneficiary/charity

Procedural Posture

Representation (probate) / Final Judgment

Legal Issues

  1. 1 Whether the Representor is the intended devisee under the Will for the portion expressed as benefitting E
  2. 2 Whether E is capable of holding immovable property in Jersey
  3. 3 Whether the Will can be construed to give effect to the testator's intention despite misdescription of the beneficiary

Ratio Decidendi

The Will is to be interpreted as a devise to the Representor of the portion of Mr D's immovable property expressed as benefitting E, as the Representor is the only entity capable of holding such property for E and this gives effect to the testator's clear intention.

Court Disposition

Application granted

Orders

  • Declaration that the Representor is the intended devisee under the Will for the portion benefitting E and is entitled to hold and give good title to that property.