Jersey Judgment

Re Briard v [1964] JJ 417 (24 November 1964)

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Professional case brief

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Source document

01

Holding and result

A will of realty made within 40 days of death is valid as a testamentary document but cannot transmit realty under the Loi (1851) sur les testaments d'immeubles.

Court disposition

Will valid as testamentary document but ineffective to transmit realty

02

Material facts

Parties

Briard

Testator

03

Procedural history

  1. Posture

    Succession / Judgment

04

Questions and positions

Legal issues

Whether a will of realty made within 40 days of death is valid to transmit realty under Jersey law

Party arguments

Applicant
The will is a valid testamentary document despite being made within 40 days of death.
Respondent
The will cannot transmit realty if made within 40 days of death due to statutory restriction.

05

Court’s reasoning

  1. 01

    Loi (1851) sur les testaments d'immeubles

    A will of realty made within 40 days of death may be a valid testamentary document but is ineffective to transmit realty by virtue of Loi (1851) sur les testaments d'immeubles.

06

Ratio, limits and disposition

Ratio decidendi

A will of realty made within 40 days of death is valid as a testamentary document but cannot transmit realty under the Loi (1851) sur les testaments d'immeubles.

Court disposition

Will valid as testamentary document but ineffective to transmit realty

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1964] JJ 417

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BAILII >> Databases >> Jersey Law Reports >> Re Briard v [1964] JJ 417 (24 November 1964) URL: https://www.bailii.org/je/cases/JLR/1964/JLR640417.html Cite as: [1964] JJ 417 [ New search ] [ Help ] Re Briard v 1964 J. J. 417 (24 November 1964) Succession-wills-death within 40 days of will-will of realty made within 40 days of death may be valid testamentary document but ineffective to transmit realty by virtue of Loi (1851) sur les testaments d'immeubles The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1964 J. J. 417 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1964/JLR640417.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Loi (1851) sur les testaments d'immeubles

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