Patel v JTC Trust Company Limited and Ors [2024] JRC 100 (25 April 2024)

Patel v JTC Trust Company Limited and Ors [2024] JRC 100 (25 April 2024)

Leave is granted for the parties to jointly instruct a handwriting expert to examine the unredacted original Will, as the validity of the Will is in issue and expert evidence is necessary and proportionate to resolve this discrete issue.

Citation
[2024] JRC 100
Parties
Applicant: Plaintiffs; Respondent: Second Defendant; Respondent: Third Defendant
Jurisdiction
Jersey
Judgment Date
25 April 2024
Procedural Posture
Directions Hearing / Interlocutory Application
Outcome
leave granted for joint instruction of handwriting expert
Legal Topics
Admissibility of Expert Evidence, Validity of Will, Executor Authority
Probate Civil Procedure Admissibility of Expert Evidence Validity of Will Executor Authority

Case Brief

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Parties

Plaintiffs

Applicant

Second Defendant

Respondent

Third Defendant

Respondent

Procedural Posture

Directions Hearing / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to call a handwriting expert regarding the validity of the Second Defendant's Will
  2. 2 Whether the Plaintiffs are entitled to inspect the unredacted Will
  3. 3 Whether the Second and Third Defendants have authority to act as executors

Ratio Decidendi

Leave is granted for the parties to jointly instruct a handwriting expert to examine the unredacted original Will, as the validity of the Will is in issue and expert evidence is necessary and proportionate to resolve this discrete issue.

Court Disposition

leave granted for joint instruction of handwriting expert

Orders

  • Parties to jointly instruct a handwriting expert within fourteen days.
  • Expert to examine the unredacted original Will.