Morgan v Amy [1968] JJ 981 (25 October 1968)

Morgan v Amy [1968] JJ 981 (25 October 1968)

A descendant who receives an inter vivos gift of movables from an ascendant must return the value of the gift to the estate at the value at the date of the gift unless they abandon their right to succession.

Citation
[1968] JJ 981
Parties
Applicant: Morgan; Respondent: Amy
Jurisdiction
Jersey
Judgment Date
25 October 1968
Procedural Posture
Succession Dispute / Judgment
Outcome
inter vivos gift deemed advancement; must be returned to estate unless right to succession is abandoned
Legal Topics
Advancement of Inheritance, Inter Vivos Gift, Rapports a La Masse
Succession Law Advancement of Inheritance Inter Vivos Gift Rapports a La Masse

Case Brief

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Parties

Morgan

Applicant

Amy

Respondent

Procedural Posture

Succession Dispute / Judgment

Legal Issues

  1. 1 Whether an inter vivos gift of movables to a descendant is deemed an advancement of inheritance
  2. 2 Whether the descendant may retain the gift after the ascendant's death

Ratio Decidendi

A descendant who receives an inter vivos gift of movables from an ascendant must return the value of the gift to the estate at the value at the date of the gift unless they abandon their right to succession.

Court Disposition

inter vivos gift deemed advancement; must be returned to estate unless right to succession is abandoned

Orders

  • Gift to be returned to estate at value at date of gift unless right to succession is abandoned