Representation of Jeanna Quinn [2015] JRC 239A (23 November 2015)

Representation of Jeanna Quinn [2015] JRC 239A (23 November 2015)

The court was satisfied by clear and compelling evidence, including affidavits from the advocate who took instructions and supervised the drafting, that the Wills did not reflect the testator's intentions and that the test for rectification was met.

Citation
[2015] JRC 239A
Parties
Testator: Horace Edward Le Moignan (Deceased); Applicant's Advocate: Advocate Scholefield; Respondent's Advocate: Advocate Baxter
Jurisdiction
Jersey
Judgment Date
23 November 2015
Procedural Posture
Rectification Application / Judgment
Outcome
application granted
Legal Topics
Rectification of Wills, Testamentary Intention, Ambiguity in Wills
Wills and Probate Rectification of Wills Testamentary Intention Ambiguity in Wills

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Parties

Horace Edward Le Moignan (Deceased)

Testator

Advocate Scholefield

Applicant's Advocate

Advocate Baxter

Respondent's Advocate

Procedural Posture

Rectification Application / Judgment

Legal Issues

  1. 1 Whether the Wills as drafted reflect the testator's intentions
  2. 2 Whether there is sufficient evidence to justify rectification of the Wills

Ratio Decidendi

The court was satisfied by clear and compelling evidence, including affidavits from the advocate who took instructions and supervised the drafting, that the Wills did not reflect the testator's intentions and that the test for rectification was met.

Court Disposition

application granted

Orders

  • Order for rectification of the Wills in terms of the draft provided to the court