Representation of Voisin Executors Limited [2019] JRC 080 (06 May 2019)

Representation of Voisin Executors Limited [2019] JRC 080 (06 May 2019)

There was no clear and unambiguous oral declaration by Mrs Webb revoking the gift of residue to Michael Gray; her statements expressed an intention but did not amount to an act of revocation. Therefore, the will stands and the residue must be distributed equally between Michael Gray and Anne Cullinane.

Citation
[2019] JRC 080
Parties
Representor/executor: Voisin Executors; Deceased/testatrix: Mrs Joan Evelyn Webb; Beneficiary (nephew): Michael Gray; Beneficiary (niece): Anne Cullinane; Former Executor: Bois Executors Limited
Jurisdiction
Jersey
Judgment Date
06 May 2019
Procedural Posture
Probate/representation / Application for Directions Regarding Administration of Will
Outcome
Application dismissed; will to be administered according to its terms.
Legal Topics
Revocation of Wills, Oral Declarations, Partial Intestacy, Testamentary Intention, Executor's Duties
Wills and Probate Succession Law Revocation of Wills Oral Declarations Partial Intestacy Testamentary Intention Executor's Duties

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Parties

Voisin Executors

Representor/executor

Mrs Joan Evelyn Webb

Deceased/testatrix

Michael Gray

Beneficiary (nephew)

Anne Cullinane

Beneficiary (niece)

Bois Executors Limited

Former Executor

Procedural Posture

Probate/representation / Application for Directions Regarding Administration of Will

Legal Issues

  1. 1 Whether Mrs Webb orally revoked part of her will at the meeting with Advocate Falle on 30 November 2016
  2. 2 Whether an oral declaration can constitute an act of revocation under Jersey law
  3. 3 Whether Anne Cullinane is entitled to the whole or half of the residue of the estate

Ratio Decidendi

There was no clear and unambiguous oral declaration by Mrs Webb revoking the gift of residue to Michael Gray; her statements expressed an intention but did not amount to an act of revocation. Therefore, the will stands and the residue must be distributed equally between Michael Gray and Anne Cullinane.

Court Disposition

Application dismissed; will to be administered according to its terms.

Orders

  • Voisin Executors directed to administer the will in accordance with its terms, distributing the residue equally between Michael Gray and Anne Cullinane.