Representation re Estate of Stirling [2014] JRC 225 (18 November 2014)

Representation re Estate of Stirling [2014] JRC 225 (18 November 2014)

The Court has jurisdiction under Article 2 of the Probate (Jersey) Law 1998 to grant representation even where no estate remains in Jersey, and such a grant is proper to enable administration of foreign property and avoid injustice to the estate.

Citation
[2014] JRC 225
Parties
Deceased: Edward Hamilton Stirling (deceased); Representor: Anglia Research; Advocate for Unascertained Beneficiaries: Advocate Goulborn; Potential Beneficiary: Mr Higgs
Jurisdiction
Jersey
Judgment Date
18 November 2014
Procedural Posture
Probate Application / Final Judgment
Outcome
grant of representation approved
Legal Topics
Grant of Representation, Foreign Property Administration, Intestacy Rules, Costs of Administration
Probate Conflict of Laws Intestacy Grant of Representation Foreign Property Administration Intestacy Rules Costs of Administration

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 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Edward Hamilton Stirling (deceased)

Deceased

Anglia Research

Representor

Advocate Goulborn

Advocate for Unascertained Beneficiaries

Mr Higgs

Potential Beneficiary

Procedural Posture

Probate Application / Final Judgment

Legal Issues

  1. 1 Whether the Jersey Court has jurisdiction to grant representation when no estate remains in Jersey.
  2. 2 Whether a grant of representation can be made solely for foreign property.
  3. 3 How the Australian estate should be distributed given intestacy.

Ratio Decidendi

The Court has jurisdiction under Article 2 of the Probate (Jersey) Law 1998 to grant representation even where no estate remains in Jersey, and such a grant is proper to enable administration of foreign property and avoid injustice to the estate.

Court Disposition

grant of representation approved

Orders

  • Judicial Greffier to name the representor as administrator of the remaining estate of the deceased.
  • Judicial Greffier may make a grant of representation with respect to the remaining estate if all inquiries are satisfactorily answered.