de la Haye -v- Walton [2013] JRC 021 (28 January 2013)

de la Haye -v- Walton [2013] JRC 021 (28 January 2013)

The £359,000 transferred by the deceased to the joint account was a gift, not settlement of a legal obligation. All sums paid out of the joint account to or for the benefit of the defendant, including the balance accruing by survivorship and interest earned on the joint account, constitute avances de succession and must be brought back into the estate for distribution according to the will.

Citation
[2013] JRC 021
Parties
Plaintiff: Plaintiff (name not specified); Defendant: Defendant (name not specified)
Jurisdiction
Jersey
Judgment Date
28 January 2013
Procedural Posture
Civil / Final Judgment
Outcome
Claim allowed
Legal Topics
Avances De Succession, Rapport À La Masse, Inter Vivos Gifts, Joint Bank Accounts, Distribution of Estate
Succession Law Property Law Avances De Succession Rapport À La Masse Inter Vivos Gifts Joint Bank Accounts Distribution of Estate

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Parties

Plaintiff (name not specified)

Plaintiff

Defendant (name not specified)

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the £359,000 transferred by the deceased to a joint account with the defendant constitutes an avance de succession to be brought back into the estate
  2. 2 Whether payments made from the joint account to or for the benefit of the defendant are gifts or settlements of legal obligations
  3. 3 Treatment of interest earned on the joint account as part of the avance

Ratio Decidendi

The £359,000 transferred by the deceased to the joint account was a gift, not settlement of a legal obligation. All sums paid out of the joint account to or for the benefit of the defendant, including the balance accruing by survivorship and interest earned on the joint account, constitute avances de succession and must be brought back into the estate for distribution according to the will.

Court Disposition

Claim allowed

Orders

  • The sum of £386,219.08 paid out of the joint account to or for the benefit of the defendant, including minor payments, the £150,000 transfer, and the balance accruing by survivorship, is to be brought back into the movable estate of the deceased and distributed in accordance with the deceased's will of movable estate.