Estate of Trevor Hunt (Deceased) [2015] JRC 199 (30 September 2015)

Estate of Trevor Hunt (Deceased) [2015] JRC 199 (30 September 2015)

The Court held that, given the insolvency and complexity of the estate, and the absence of any suitable alternative process, the procedure established in Estate of the Hickman [2009] JRC 040 should be adopted, including provisions for proving claims, adjudication, and payment of professional charges.

Citation
[2015] JRC 199
Parties
Attorney Executor / Representor: Advocate Pallot; Deceased: Trevor Paul Hunt (deceased); Executrix Dative (represented by Advocate Pallot): Julie Hunt née Fletcher
Jurisdiction
Jersey
Judgment Date
30 September 2015
Procedural Posture
Probate / Insolvent Estate Administration / Application for Court Orders Regarding Insolvent Estate Procedure
Outcome
Orders granted as requested in the Representation.
Legal Topics
Insolvent Estates, Executor's Duties, Proof of Claims, Professional Charges, Distribution of Assets
Probate Insolvency Estate Administration Insolvent Estates Executor's Duties Proof of Claims Professional Charges Distribution of Assets

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Parties

Advocate Pallot

Attorney Executor / Representor

Trevor Paul Hunt (deceased)

Deceased

Julie Hunt née Fletcher

Executrix Dative (represented by Advocate Pallot)

Procedural Posture

Probate / Insolvent Estate Administration / Application for Court Orders Regarding Insolvent Estate Procedure

Legal Issues

  1. 1 What is the appropriate procedure for administering an insolvent movable estate in Jersey?
  2. 2 Should the executor be permitted to levy and pay professional charges from the estate?
  3. 3 How should creditors' claims be proved and adjudicated in an insolvent estate?

Ratio Decidendi

The Court held that, given the insolvency and complexity of the estate, and the absence of any suitable alternative process, the procedure established in Estate of the Hickman [2009] JRC 040 should be adopted, including provisions for proving claims, adjudication, and payment of professional charges.

Court Disposition

Orders granted as requested in the Representation.

Orders

  • Procedure for proving and adjudicating claims in the insolvent estate approved as per Estate of the Hickman [2009] JRC 040.
  • Professional charges to be levied and paid for essential work by the executor.