Coutanche v Laisney [1977] JLR 19 (12 April 1977)

Coutanche v Laisney [1977] JLR 19 (12 April 1977)

The principal heir's interest in immovable property under intestacy is held in trust for all co-heirs and may be transmitted to their own principal heir, but if co-heirs do not claim their share within 25 years, the interest becomes a freehold interest.

Citation
[1977] JLR 19
Parties
Applicant: Coutanche; Respondent: Laisney
Jurisdiction
Jersey
Judgment Date
12 April 1977
Procedural Posture
Succession/intestacy / Judgment
Outcome
interest of principal heir transmissible subject to co-heirs' claims; converts to freehold after 25 years if unclaimed
Legal Topics
Intestacy, Principal Heir, Immovable Property, Trustee Like Interest, Transmission of Interest, Co Heirs' Claims, Conversion to Freehold
Succession Law Property Law Intestacy Principal Heir Immovable Property Trustee Like Interest Transmission of Interest Co Heirs' Claims +1 more

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Parties

Coutanche

Applicant

Laisney

Respondent

Procedural Posture

Succession/intestacy / Judgment

Legal Issues

  1. 1 Whether the interest of a principal heir in immovable property under intestacy is equivalent to that of a trustee for co-heirs
  2. 2 Whether such interest may be transmitted to the principal heir's own heir
  3. 3 Effect of co-heirs failing to claim their share within 25 years

Ratio Decidendi

The principal heir's interest in immovable property under intestacy is held in trust for all co-heirs and may be transmitted to their own principal heir, but if co-heirs do not claim their share within 25 years, the interest becomes a freehold interest.

Court Disposition

interest of principal heir transmissible subject to co-heirs' claims; converts to freehold after 25 years if unclaimed