In re C v [2012] 1 JLR 204 (13 March 2012)
- Citation
- [2012] 1 JLR 204
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Succession / Distribution of Assets
More details
- Posture
- Succession / Distribution of Assets
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Distribution of the disputed debt in specie to the 99% residuary beneficiary was justified because the beneficiary had the sole economic interest, further investigation by executors would be slow and expensive, and such distribution would enable prompt completion of the administration of the estate.
Court disposition
disputed debt distributed in specie to residuary beneficiary
Orders
- Executors to distribute the disputed debt in specie to the 99% residuary beneficiary
02
Material facts
Parties
C
Residuary BeneficiaryExecutors of the estate
ExecutorsAmounts and remedies
- Residuary Beneficiary Share: 99
03
Procedural history
Posture
Succession / Distribution of Assets
04
Questions and positions
Legal issues
- 01
Whether a disputed debt allegedly owed to the testator can be distributed in specie to a residuary beneficiary
- 02
Whether the executors acted properly in distributing the disputed asset in specie
Party arguments
- Applicant
- The residuary beneficiary requested distribution of the disputed debt in specie, citing its sole economic interest and the inefficiency of further investigation by the executors.
- Respondent
- The executors considered the investigation of the debt to be slow and expensive, and distribution in specie would enable prompt completion of the administration of the estate.
05
Court’s reasoning
Legal principles
- 01
2012 (1) JLR 204
Executors may distribute disputed assets in specie to a residuary beneficiary with sole economic interest if further investigation is inefficient and distribution expedites estate administration.
06
Ratio, limits and disposition
Ratio decidendi
Distribution of the disputed debt in specie to the 99% residuary beneficiary was justified because the beneficiary had the sole economic interest, further investigation by executors would be slow and expensive, and such distribution would enable prompt completion of the administration of the estate.
Court disposition
disputed debt distributed in specie to residuary beneficiary
- Executors to distribute the disputed debt in specie to the 99% residuary beneficiary
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re C v [2012] 1 JLR 204 (13 March 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR121204.html Cite as: [2012] 1 JLR 204 [ New search ] [ Help ] In re C v 2012 (1) JLR 204 (13 March 2012) Succession-executors and administrators-distribution of assets in specie-disputed asset (debt allegedly owed to testator) distributed in specie to 99% residuary beneficiary at its request because inter alia (a) it had sole economic interest in debt; (b) investigation by executors slow and expensive; and (c) would enable prompt completion of administration of estate The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (1) JLR 204 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR121204.html
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