In re Tarrant v [1999] JLR 224 (29 July 1999)

In re Tarrant v [1999] JLR 224 (29 July 1999)

The court held that the witnessing of the execution of a will of movable property can be proved not only by the signature of the witness on the will but also by affidavit evidence that the witness was present.

Citation
[1999] JLR 224
Parties
Applicant: Tarrant
Jurisdiction
Jersey
Judgment Date
29 July 1999
Procedural Posture
Succession / Judgment
Outcome
application allowed
Legal Topics
Wills, Execution of Wills, Witnessing Requirements
Succession Law Wills Execution of Wills Witnessing Requirements

Case Brief

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Parties

Tarrant

Applicant

Procedural Posture

Succession / Judgment

Legal Issues

  1. 1 Whether the execution of a will of movable property can be proved by means other than the signature of a witness on the will

Ratio Decidendi

The court held that the witnessing of the execution of a will of movable property can be proved not only by the signature of the witness on the will but also by affidavit evidence that the witness was present.

Court Disposition

application allowed

Orders

  • Proof of witnessing by affidavit evidence accepted