Jersey Judgment

In re Vautier v [2000] JLR 351 (12 October 2000)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

A will of movable property not signed by the testator but by another is invalid and cannot be admitted to probate.

Court disposition

application for probate refused

Orders

  • will not admitted to probate

02

Material facts

Parties

Vautier

Testator

03

Procedural history

  1. Posture

    Probate / Application for Probate

04

Questions and positions

Legal issues

Whether a will of movable property not signed by the testator but by another is valid and can be admitted to probate

Party arguments

Applicant
The will should be admitted to probate despite being signed by another person.
Respondent
The will is invalid as it was not signed by the testator as required by law.

05

Court’s reasoning

  1. 01

    Jersey succession law

    A will of movable property must be signed by the testator; a will signed by another is invalid and cannot be admitted to probate.

06

Ratio, limits and disposition

Ratio decidendi

A will of movable property not signed by the testator but by another is invalid and cannot be admitted to probate.

Court disposition

application for probate refused

  • will not admitted to probate

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2000] JLR 351

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