Jackson v Gray [1970] JJ 1285 (30 January 1970)

The will is null as to realty if the testator dies of natural causes within 40 days, but such nullity must be pleaded by an heir by Bille de Prevot within a year and a day of registration.

Citation: [1970] JJ 1285
Parties: Applicant: Jackson; Respondent: Gray
Jurisdiction: Jersey
Judgment Date: 30 January 1970
Procedural Posture: Succession Dispute / Judgment
Outcome: Will null as to realty if pleaded by heir within statutory period
Legal Topics: Death Within 40 Days of Will, Nullity of Will, Pleading Nullity by Heir, Bille De Prevot, Registration of Will

Succession Law Wills and Probate Death Within 40 Days of Will Nullity of Will Pleading Nullity by Heir Bille De Prevot Registration of Will

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Jackson

Applicant

Gray

Respondent

Procedural Posture

Succession Dispute / Judgment

Legal Issues

1 Whether death of testator from natural causes within 40 days nullifies the will as to realty under Loi (1851) sur les testaments d'immeubles, art. 10
2 Whether nullity must be pleaded by heir by Bille de Prevot within a year and a day of registration

Ratio Decidendi

The will is null as to realty if the testator dies of natural causes within 40 days, but such nullity must be pleaded by an heir by Bille de Prevot within a year and a day of registration.

Court Disposition

Will null as to realty if pleaded by heir within statutory period