In the matter of the will of X (5 February 2018)

In the matter of the will of X (5 February 2018)

The statutory bar on appointment of bankrupts as executors does not apply to discharged bankrupts; the court may consider relevant factors but, in this case, directs grant of probate to respondent.

Parties
Applicant: Judicial Greffier; Executor/beneficiary: Respondent
Jurisdiction
Jersey
Judgment Date
05 February 2018
Procedural Posture
Probate Representation / Court Referral Under Article 6(9) Probate (jersey) Law 1998
Outcome
grant of probate
Legal Topics
Appointment of Executor, Discharged Bankrupts, Probate Policy
Probate Bankruptcy Appointment of Executor Discharged Bankrupts Probate Policy

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Parties

Judicial Greffier

Applicant

Respondent

Executor/beneficiary

Procedural Posture

Probate Representation / Court Referral Under Article 6(9) Probate (jersey) Law 1998

Legal Issues

  1. 1 Should a discharged bankrupt be permitted to act as executor of a deceased's estate?
  2. 2 Does the Probate (Jersey) Law 1998 or Bankruptcy (Désastre)(Jersey) Law 1990 bar a discharged bankrupt from appointment as executor?

Ratio Decidendi

The statutory bar on appointment of bankrupts as executors does not apply to discharged bankrupts; the court may consider relevant factors but, in this case, directs grant of probate to respondent.

Court Disposition

grant of probate

Orders

  • Registrar directed to admit will to probate with respondent as executor, completing formalities for grant of probate.