Representation of Mrs Le Cras [2013] JRC 240 (28 November 2013)

Representation of Mrs Le Cras [2013] JRC 240 (28 November 2013)

'Issue' in clause 3(iii) of the will means descendants through all degrees, and the distribution among issue is to be per stirpes (par souche), not per capita (par tête), based on the wording of the will, the use of terms elsewhere in the will, and the general thrust of Jersey succession law.

Citation
[2013] JRC 240
Parties
Representor: Mrs Le Cras; Trustee: HSBC Trustee (CI) Limited; Representative of Minor and Unborn Beneficiaries: Advocate Franckel
Jurisdiction
Jersey
Judgment Date
28 November 2013
Procedural Posture
Interpretation of Will Trusts / Judgment on Application for Directions
Outcome
Application granted. Declaration as to construction of will trusts made.
Legal Topics
Interpretation of Wills, Meaning of 'issue' in Testamentary Context, Distribution Per Stirpes Vs Per Capita
Trusts and Estates Succession Law Interpretation of Wills Meaning of 'issue' in Testamentary Context Distribution Per Stirpes Vs Per Capita

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Parties

Mrs Le Cras

Representor

HSBC Trustee (CI) Limited

Trustee

Advocate Franckel

Representative of Minor and Unborn Beneficiaries

Procedural Posture

Interpretation of Will Trusts / Judgment on Application for Directions

Legal Issues

  1. 1 Whether 'issue' in clause 3(iii) of the will means children or descendants through all degrees
  2. 2 Whether the distribution to 'issue' is to be per stirpes (par souche) or per capita (par tête)

Ratio Decidendi

'Issue' in clause 3(iii) of the will means descendants through all degrees, and the distribution among issue is to be per stirpes (par souche), not per capita (par tête), based on the wording of the will, the use of terms elsewhere in the will, and the general thrust of Jersey succession law.

Court Disposition

Application granted. Declaration as to construction of will trusts made.

Orders

  • 'Issue' in clause 3(iii) means descendants through all degrees.
  • Distribution among issue is to be per stirpes (par souche).