In re Brown v [1997] JLR 137 (17 April 1997)

In re Brown v [1997] JLR 137 (17 April 1997)

Renunciation of office by executor and trustee is sufficient to resign from both offices, and appointment of a new sole executor automatically makes that person the sole trustee of the will trusts.

Citation
[1997] JLR 137
Parties
Executor and Trustee: Brown
Jurisdiction
Jersey
Judgment Date
17 April 1997
Procedural Posture
Succession / Application Regarding Renunciation of Office
Outcome
Application granted
Legal Topics
Renunciation of Executor, Trustee Resignation, Appointment of New Executor
Succession Law Trusts and Estates Renunciation of Executor Trustee Resignation Appointment of New Executor

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Parties

Brown

Executor and Trustee

Procedural Posture

Succession / Application Regarding Renunciation of Office

Legal Issues

  1. 1 Whether renunciation of office by executor and trustee requires separate resignations for each office
  2. 2 Whether appointment of new sole executor constitutes appointment as sole trustee of will trusts

Ratio Decidendi

Renunciation of office by executor and trustee is sufficient to resign from both offices, and appointment of a new sole executor automatically makes that person the sole trustee of the will trusts.

Court Disposition

Application granted

Orders

  • Renunciation of office by executor and trustee accepted as resignation from both offices
  • Appointment of new sole executor constitutes appointment as sole trustee of will trusts