Representation of A. S. Jagger re: Estate of Vera Jagger nee Waugh [2022] JRC 180 (30 August 2022)

Representation of A. S. Jagger re: Estate of Vera Jagger nee Waugh [2022] JRC 180 (30 August 2022)

Stephanie Jagger's inclusion in the registration of the Will was not voluntary and did not constitute an acte d'héritier; her temporary residence in Noirmont Manor and receipt of compensation do not amount to acceptance of the legacy. Therefore, she is entitled to renounce her interest in the immovable estate, and only the registration fee is payable as stamp duty.

Citation
[2022] JRC 180
Parties
Representor / Applicant: Andrea Stephanie Jagger; Respondent / Heir: Nigel Mark Jagger; Deceased: Vera Jagger née Waugh
Jurisdiction
Jersey
Judgment Date
30 August 2022
Procedural Posture
Application to Renounce Immovable Property Under a Will / Judgment on Application for Renunciation
Outcome
Application granted
Legal Topics
Renunciation of Legacy, Acte D'héritier, Stamp Duty on Succession, Intestacy, Registration of Wills
Succession Law Property Law Renunciation of Legacy Acte D'héritier Stamp Duty on Succession Intestacy Registration of Wills

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Parties

Andrea Stephanie Jagger

Representor / Applicant

Nigel Mark Jagger

Respondent / Heir

Vera Jagger née Waugh

Deceased

Procedural Posture

Application to Renounce Immovable Property Under a Will / Judgment on Application for Renunciation

Legal Issues

  1. 1 Whether Stephanie Jagger's inclusion in the application to register the Will, her staying in Noirmont Manor, and receipt of compensation constituted an acte d'héritier precluding renunciation
  2. 2 Whether the renunciation and compensatory payment give rise to stamp duty

Ratio Decidendi

Stephanie Jagger's inclusion in the registration of the Will was not voluntary and did not constitute an acte d'héritier; her temporary residence in Noirmont Manor and receipt of compensation do not amount to acceptance of the legacy. Therefore, she is entitled to renounce her interest in the immovable estate, and only the registration fee is payable as stamp duty.

Court Disposition

Application granted

Orders

  • Stephanie Jagger's renunciation of her interest in the immovable property under the Will and as an heir is accepted and to be recorded in the Public Registry.
  • The Registration Fee paid is the only stamp duty payable.