In re Fargus v [1997] JLR 89 (19 March 1997)

In re Fargus v [1997] JLR 89 (19 March 1997)

The tutelle may be dissolved and the legacy transferred because the minor has reached the age of majority under the law of domicile, notwithstanding the Jersey age requirement.

Citation
[1997] JLR 89
Parties
Minor: Fargus
Jurisdiction
Jersey
Judgment Date
19 March 1997
Procedural Posture
Tutelle Dissolution / Judgment
Outcome
tutelle dissolved, legacy transferable
Legal Topics
Age of Majority, Tutelle Dissolution, Transfer of Legacy
Conflict of Laws Family Law Age of Majority Tutelle Dissolution Transfer of Legacy

Case Brief

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Parties

Fargus

Minor

Procedural Posture

Tutelle Dissolution / Judgment

Legal Issues

  1. 1 Whether the court may dissolve the tutelle of a minor domiciled abroad who has reached the age of majority under the law of domicile, despite being under 20 under Jersey law
  2. 2 Whether a legacy under a Jersey will of movables may be transferred to the minor in the jurisdiction of residence

Ratio Decidendi

The tutelle may be dissolved and the legacy transferred because the minor has reached the age of majority under the law of domicile, notwithstanding the Jersey age requirement.

Court Disposition

tutelle dissolved, legacy transferable

Orders

  • Tutelle of minor dissolved
  • Legacy under Jersey will of movables may be transferred to minor in jurisdiction of residence