Representation of Peter John Yves Howard [2022] JRC 145 (07 July 2022)

Representation of Peter John Yves Howard [2022] JRC 145 (07 July 2022)

The Court has inherent jurisdiction to recognise a renunciation of an interest in immovable property under a registered will where the legatee has not accepted the legacy and no third parties are prejudiced; no prescription period applies to such renunciation; the disclaimer is effective retroactively from the date of death of the testatrix.

Citation
[2022] JRC 145
Parties
Applicant: Peter Howard; Respondent: Judith Howard; Beneficiary: Stephen Howard; Intervenor: Attorney General
Jurisdiction
Jersey
Judgment Date
07 July 2022
Procedural Posture
Representation (probate/estate) / Judgment on Application for Recognition of Renunciation of Interest in Immovable Property
Outcome
Application granted
Legal Topics
Renunciation of Legacy, Prescription Periods, Registration of Wills, Immovable Property, Disclaimer of Interest
Succession Law Property Law Renunciation of Legacy Prescription Periods Registration of Wills Immovable Property Disclaimer of Interest

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Parties

Peter Howard

Applicant

Judith Howard

Respondent

Stephen Howard

Beneficiary

Attorney General

Intervenor

Procedural Posture

Representation (probate/estate) / Judgment on Application for Recognition of Renunciation of Interest in Immovable Property

Legal Issues

  1. 1 Whether the Court can recognise a renunciation of an interest in immovable property devised under a registered will
  2. 2 Whether a prescription period applies to such renunciation
  3. 3 Whether Judith Howard accepted the legacy by her conduct

Ratio Decidendi

The Court has inherent jurisdiction to recognise a renunciation of an interest in immovable property under a registered will where the legatee has not accepted the legacy and no third parties are prejudiced; no prescription period applies to such renunciation; the disclaimer is effective retroactively from the date of death of the testatrix.

Court Disposition

Application granted

Orders

  • Judith Howard's renunciation of her interests under the will of the immovable estate of the testatrix is to be registered in the Public Registry with effect from the date of death of the testatrix.