Jersey Judgment

In re C v [2012] 1 JLR 204 (13 March 2012)

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Source document

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 Beneficiary

Executors of the estate

Executors

Amounts and remedies

  • Residuary Beneficiary Share: 99

03

Procedural history

  1. Posture

    Succession / Distribution of Assets

04

Questions and positions

Legal issues

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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2012] 1 JLR 204

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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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