Representation of Singh [2008] JRC 120A (30 July 2008)

Representation of Singh [2008] JRC 120A (30 July 2008)

Mr Nath's letter of resignation was substantially in the form required for renunciation, and the photocopies of the codicils were admissible to probate as the originals were lost but execution was proven by affidavit and compliance with legal formalities was established.

Citation
[2008] JRC 120A
Parties
Applicants/executors: Representors; Executor (resigned): Mr Ravinder Nath
Jurisdiction
Jersey
Judgment Date
30 July 2008
Procedural Posture
Probate Application / Application for Grant of Probate and Admission of Codicil Photocopies
Outcome
Application granted
Legal Topics
Grant of Probate, Executor Renunciation, Admission of Copy Codicils
Probate Wills and Estates Grant of Probate Executor Renunciation Admission of Copy Codicils

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Parties

Representors

Applicants/executors

Mr Ravinder Nath

Executor (resigned)

Procedural Posture

Probate Application / Application for Grant of Probate and Admission of Codicil Photocopies

Legal Issues

  1. 1 Whether a letter of resignation by an executor is sufficient for renunciation under Rule 22 of the Probate (General) Rules
  2. 2 Whether photocopies of codicils can be admitted to probate in the absence of originals

Ratio Decidendi

Mr Nath's letter of resignation was substantially in the form required for renunciation, and the photocopies of the codicils were admissible to probate as the originals were lost but execution was proven by affidavit and compliance with legal formalities was established.

Court Disposition

Application granted

Orders

  • Grant of probate authorised to the Representors as two of the three executors
  • Admission to probate of photocopies of the two additional codicils