Hirschfield v Sinel & Co. [1999] JLR 55 (23 February 1999)

Hirschfield v Sinel & Co. [1999] JLR 55 (23 February 1999)

The court held that the principal heir has locus standi to bring proceedings to protect the estate when there is no executor or administrator.

Citation
[1999] JLR 55
Parties
Applicant: Hirschfield; Respondent: Sinel & Co.
Jurisdiction
Jersey
Judgment Date
23 February 1999
Procedural Posture
Civil / Judgment
Outcome
application granted
Legal Topics
Executors and Administrators, Principal Heir Locus Standi
Succession Executors and Administrators Principal Heir Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Hirschfield

Applicant

Sinel & Co.

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the principal heir has locus standi to bring proceedings to protect the estate in the absence of an executor or administrator

Ratio Decidendi

The court held that the principal heir has locus standi to bring proceedings to protect the estate when there is no executor or administrator.

Court Disposition

application granted

Orders

  • Principal heir permitted to bring proceedings to protect the estate