In re Probert v [1965] JJ 541 (26 November 1965)

Only the legacy subject to the one-third limitation is to be reduced if the total legacies exceed one-third of the estate, unless the will indicates an intention that all legacies should be reduced.

Citation: [1965] JJ 541
Parties: Applicant: Probert
Jurisdiction: Jersey
Judgment Date: 26 November 1965
Procedural Posture: Succession/wills / Judgment
Outcome: legacy subject to limitation reduced
Legal Topics: Reduction of Legacy, Limitation on Legacy, Interpretation of Wills

Succession Law Wills and Probate Reduction of Legacy Limitation on Legacy Interpretation of Wills

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Parties

Probert

Applicant

Procedural Posture

Succession/wills / Judgment

Legal Issues

1 Whether a legacy subject to a one-third limitation should alone be reduced if the total legacies exceed one-third of the estate, unless the will shows intention that all should be reduced

Ratio Decidendi

Only the legacy subject to the one-third limitation is to be reduced if the total legacies exceed one-third of the estate, unless the will indicates an intention that all legacies should be reduced.

Court Disposition

legacy subject to limitation reduced