In re Futter v [2000] JLR 344 (27 January 1994)
- Citation
- [2000] JLR 344
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Succession / Ruling on Validity of Will
More details
- Posture
- Succession / Ruling on Validity of Will
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A holograph will is valid if it is entirely written, dated, and signed by the testator, and does not require witnesses.
Court disposition
will declared valid as holograph will
Orders
- will admitted to probate
02
Material facts
Parties
Futter
Testator03
Procedural history
Posture
Succession / Ruling on Validity of Will
04
Questions and positions
Legal issues
Whether a holograph will must be entirely written, dated, and signed by the testator without witnesses
Party arguments
- Applicant
- The will in question is valid as a holograph will if it is entirely written, dated, and signed by the testator, and does not require witnesses.
- Respondent
- A holograph will may require additional formalities such as witnesses.
05
Court’s reasoning
Legal principles
- 01
Jersey succession law
A holograph will must be entirely written, dated, and signed by the testator; no witnesses are required.
06
Ratio, limits and disposition
Ratio decidendi
A holograph will is valid if it is entirely written, dated, and signed by the testator, and does not require witnesses.
Court disposition
will declared valid as holograph will
- will admitted to probate
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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