In re Vibert v [1987] JLR 96 (20 March 1987)
- Citation
- [1987] JLR 96
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Succession / Interpretation of Will
More details
- Posture
- Succession / Interpretation of Will
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
In the absence of precise Jersey authority, it is preferable to follow Norman and French authorities, allowing extrinsic evidence to interpret or supplement a will.
Court disposition
extrinsic evidence admissible
Orders
- extrinsic evidence of testator's intention may be admitted to interpret or insert words in the will
02
Material facts
Parties
Vibert
Testator03
Procedural history
Posture
Succession / Interpretation of Will
04
Questions and positions
Legal issues
Whether extrinsic evidence of the testator's intention is admissible to interpret or insert additional words in a will
Party arguments
- Applicant
- Extrinsic evidence should be admissible to clarify or supplement the will to reflect the testator's true intention.
- Respondent
- English authorities may restrict the admissibility of extrinsic evidence to interpret wills.
05
Court’s reasoning
Legal principles
- 01
Norman and French authorities
Extrinsic evidence of the testator's intention is admissible even to insert additional words in a will.
06
Ratio, limits and disposition
Ratio decidendi
In the absence of precise Jersey authority, it is preferable to follow Norman and French authorities, allowing extrinsic evidence to interpret or supplement a will.
Obiter and limits
- English authorities are less persuasive in this area compared to Norman and French authorities.
Court disposition
extrinsic evidence admissible
- extrinsic evidence of testator's intention may be admitted to interpret or insert words in the will
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
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Vibert v [1987] JLR 96 (20 March 1987) URL: https://www.bailii.org/je/cases/JLR/1987/JLR870096.html Cite as: [1987] JLR 96 [ New search ] [ Help ] In re Vibert v 1987 JLR 96 (20 March 1987) Succession - wills - interpretation - extrinsic evidence of testator's intention admissible even to insert additional words in will-preferable to follow Norman and French authorities in this area of law rather than English in absence of precise Jersey authority 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: 1987 JLR 96 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1987/JLR870096.html
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