Representation of Violet Matthews [2018] JRC 075 (23 April 2018)

Representation of Violet Matthews [2018] JRC 075 (23 April 2018)

The Court exercised its inherent jurisdiction to order the registration of the Act of Court in the Public Registry for the limited purpose of abandoning Mrs Matthews' dower rights, on the basis that the English EPA had been registered with the Office of the Public Guardian, curatorship was inappropriate, and there was reciprocity between Jersey and English courts in such matters.

Citation
[2018] JRC 075
Parties
Representor: Richard Borlase Matthews; Representor: Nigel Graham Matthews; Representor: Jennifer Mary Matthews; Subject: Violet Betty Matthews
Jurisdiction
Jersey
Judgment Date
23 April 2018
Procedural Posture
Representation Application / Judgment on Application for Registration of Act of Court
Outcome
application granted
Legal Topics
Registration of Foreign Enduring Power of Attorney, Capacity and Self Determination, Curatorship, Abandonment of Dower, Inherent Jurisdiction, Comity
Private Client Mental Capacity Property Law Registration of Foreign Enduring Power of Attorney Capacity and Self Determination Curatorship Abandonment of Dower Inherent Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Richard Borlase Matthews

Representor

Nigel Graham Matthews

Representor

Jennifer Mary Matthews

Representor

Violet Betty Matthews

Subject

Procedural Posture

Representation Application / Judgment on Application for Registration of Act of Court

Legal Issues

  1. 1 Whether a foreign Enduring Power of Attorney (EPA) can be registered in the Jersey Public Registry for the purpose of abandoning dower rights when the donor has lost capacity
  2. 2 Whether the Court should exercise its inherent jurisdiction to permit such registration in the absence of a valid Jersey power of attorney or curatorship

Ratio Decidendi

The Court exercised its inherent jurisdiction to order the registration of the Act of Court in the Public Registry for the limited purpose of abandoning Mrs Matthews' dower rights, on the basis that the English EPA had been registered with the Office of the Public Guardian, curatorship was inappropriate, and there was reciprocity between Jersey and English courts in such matters.

Court Disposition

application granted

Orders

  • The Act of Court dated 29 March 2018 is to be registered in the Public Registry of the Island for the limited purpose of the abandonment of dower by Mrs Matthews.