Stoodley (nee Rossi) v Stoodley [1981] JLR 113 (03 August 1981)
- Citation
- [1981] JLR 113
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Succession / Judgment
More details
- Posture
- Succession / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Separation nearly 50 years before death is not sufficient reason for deprivation of legitime if the wife had reasonable cause.
Court disposition
widow entitled to legitime
02
Material facts
Parties
Stoodley (nee Rossi)
ApplicantStoodley
Respondent03
Procedural history
Posture
Succession / Judgment
04
Questions and positions
Legal issues
- 01
Whether the widow is entitled to legitime despite separation
- 02
Whether separation nearly 50 years before death is sufficient reason for deprivation of legitime
Party arguments
- Applicant
- The widow is presumed entitled to legitime and should not be deprived of it without sufficient reason.
- Respondent
- The principal heir argues that the long separation is sufficient reason to deprive the widow of legitime.
05
Court’s reasoning
Legal principles
- 01
Jersey succession law
A widow is presumed entitled to legitime and the principal heir must prove on the balance of probabilities that she should be deprived of it.
06
Ratio, limits and disposition
Ratio decidendi
Separation nearly 50 years before death is not sufficient reason for deprivation of legitime if the wife had reasonable cause.
Court disposition
widow entitled to legitime
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Stoodley (nee Rossi) v Stoodley [1981] JLR 113 (03 August 1981) URL: https://www.bailii.org/je/cases/JLR/1981/JLR810113.html Cite as: [1981] JLR 113 [ New search ] [ Help ] Stoodley (nee Rossi) v Stoodley 1981 JLR 113 (03 August 1981) Succession-legitime-deprivation of legitime-widow presumed entitled to legitime and for principal heir to prove on balance of probabilities that should be deprived of it-separation nearly 50 years before death not sufficient reason for deprivation if wife had reasonable cause 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: 1981 JLR 113 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1981/JLR810113.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.