In re Forbes v [1995] JLR 261 (06 September 1995)
- Citation
- [1995] JLR 261
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Probate Application / Application for Probate
More details
- Posture
- Probate Application / Application for Probate
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A suicide note containing testamentary intent can constitute a holograph will; the date need not be written by hand if extrinsic evidence proves it; two affidavits as to handwriting are required for probate.
Court disposition
application for probate granted
Orders
- suicide note admitted as holograph will
- probate granted upon production of two affidavits as to handwriting
02
Material facts
Parties
Forbes
Deceased03
Procedural history
Posture
Probate Application / Application for Probate
04
Questions and positions
Legal issues
- 01
Whether a suicide note with testamentary element can constitute a holograph will
- 02
Whether it is necessary for the date to be written by hand on a holograph will if the date can be proved by extrinsic evidence
- 03
Whether two affidavits as to handwriting are required on application for probate
Party arguments
- Applicant
- The suicide note contains testamentary intent and should be admitted as a holograph will; the date can be established by extrinsic evidence; two affidavits as to handwriting are provided.
- Respondent
- No respondent arguments recorded.
05
Court’s reasoning
Legal principles
- 01
Jersey law
A holograph will may be constituted by a suicide note with a testamentary element.
- 02
Jersey law
It is unnecessary for the date to be written by hand if the date can be proved by extrinsic evidence.
- 03
Jersey law
Two affidavits as to handwriting are required on application for probate of a holograph will.
06
Ratio, limits and disposition
Ratio decidendi
A suicide note containing testamentary intent can constitute a holograph will; the date need not be written by hand if extrinsic evidence proves it; two affidavits as to handwriting are required for probate.
Court disposition
application for probate granted
- suicide note admitted as holograph will
- probate granted upon production of two affidavits as to handwriting
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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