In the matter of N (Capacity) 03-Sep-2019 [2019] JRC 170 (03 September 2019)

In the matter of N (Capacity) 03-Sep-2019 [2019] JRC 170 (03 September 2019)

The customary law rule that a person lacking capacity may make a will during a lucid interval is subsumed within Articles 3-5 of the Capacity and Self-Determination (Jersey) Law 2016 and continues to apply; the Law does not expressly or impliedly repeal this rule.

Citation
[2019] JRC 170
Parties
Applicant: Applicant (Delegate of N); Subject of Application: N; Interested Party (proposed Beneficiary): S; Convened Party: Her Majesty's Solicitor General
Jurisdiction
Jersey
Judgment Date
03 September 2019
Procedural Posture
Application Under Part 4 of the Capacity and Self Determination (jersey) Law 2016 / Determination of Legal Issue Regarding Testamentary Capacity During Lucid Intervals
Outcome
Declaration granted as to the continuing effect of the lucid interval rule under the Law; no declaration made as to N's capacity.
Legal Topics
Testamentary Capacity, Lucid Interval, Delegation and Curatorship, Repeal of Customary Law, Execution of Wills for Persons Lacking Capacity
Mental Capacity Law Succession Law Customary Law Testamentary Capacity Lucid Interval Delegation and Curatorship Repeal of Customary Law Execution of Wills for Persons Lacking Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Applicant (Delegate of N)

Applicant

N

Subject of Application

S

Interested Party (proposed Beneficiary)

Her Majesty's Solicitor General

Convened Party

Procedural Posture

Application Under Part 4 of the Capacity and Self Determination (jersey) Law 2016 / Determination of Legal Issue Regarding Testamentary Capacity During Lucid Intervals

Legal Issues

  1. 1 Does the customary law rule permitting a person under interdiction to make a will during a lucid interval survive the Capacity and Self-Determination (Jersey) Law 2016?
  2. 2 Does the Law abrogate or subsume the customary law rule regarding lucid intervals and testamentary capacity?

Ratio Decidendi

The customary law rule that a person lacking capacity may make a will during a lucid interval is subsumed within Articles 3-5 of the Capacity and Self-Determination (Jersey) Law 2016 and continues to apply; the Law does not expressly or impliedly repeal this rule.

Court Disposition

Declaration granted as to the continuing effect of the lucid interval rule under the Law; no declaration made as to N's capacity.

Orders

  • It is declared that the former rule permitting a person under interdiction to make a will during a lucid interval continues under the Capacity and Self-Determination (Jersey) Law 2016, subject to the statutory test of capacity.