In re Estate Ruellan v [2001] JRC 109 (18 May 2001)

In re Estate Ruellan v [2001] JRC 109 (18 May 2001)

The defect in the will caused by Mr. Young witnessing while being a beneficiary is cured by his repudiation of the £2,500 and the ratification by the heirs, allowing the grant of probate to proceed.

Citation
[2001] JRC 109
Parties
Testator: Mr. David Brian Francis Ruellan; Executor: Mr. Geoffrey Davies; Executor: Mr. Daniel Young; Executrix/widow: Mrs. Ruellan; Referring Officer: Judicial Greffier; Interested Party: Attorney General; Heirs: Heirs (represented by Mr. Le Sueur)
Jurisdiction
Jersey
Judgment Date
18 May 2001
Procedural Posture
Probate Reference / Reference by Judicial Greffier Under Articles 6(8) and 9(a) of the Probate (jersey) Law, 1998
Outcome
grant of probate ordered
Legal Topics
Executor's Entitlement, Witnessing of Wills, Charging Clauses, Ratification of Wills, Curing Defects in Wills
Probate Wills and Succession Executor's Entitlement Witnessing of Wills Charging Clauses Ratification of Wills Curing Defects in Wills

Case Brief

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Parties

Mr. David Brian Francis Ruellan

Testator

Mr. Geoffrey Davies

Executor

Mr. Daniel Young

Executor

Mrs. Ruellan

Executrix/widow

Judicial Greffier

Referring Officer

Attorney General

Interested Party

Heirs (represented by Mr. Le Sueur)

Heirs

Procedural Posture

Probate Reference / Reference by Judicial Greffier Under Articles 6(8) and 9(a) of the Probate (jersey) Law, 1998

Legal Issues

  1. 1 Whether the £2,500 bequest to Mr. Young is a legacy or remuneration for professional services as executor
  2. 2 Whether Mr. Young's witnessing of the will invalidates the bequest under Jersey law
  3. 3 Whether the defect in attestation can be cured by ratification

Ratio Decidendi

The defect in the will caused by Mr. Young witnessing while being a beneficiary is cured by his repudiation of the £2,500 and the ratification by the heirs, allowing the grant of probate to proceed.

Court Disposition

grant of probate ordered

Orders

  • Judicial Greffier to issue a grant of probate
  • Costs, including those of the Attorney General, to come out of the estate