In re Tomlinson v [1974] JJ 147 (13 November 1974)

In re Tomlinson v [1974] JJ 147 (13 November 1974)

Proceedings to annul a will of realty must be commenced by Bille de Prevot, and only facts in issue must be pleaded, not the evidence or date if independently available.

Citation
[1974] JJ 147
Parties
Applicant: Tomlinson
Jurisdiction
Jersey
Judgment Date
13 November 1974
Procedural Posture
Succession Wills / Action to Annul Will
Outcome
clarification of procedural and pleading requirements
Legal Topics
Pleading Requirements, Annulment of Will, Procedure for Commencing Proceedings
Succession Wills Pleading Requirements Annulment of Will Procedure for Commencing Proceedings

Case Brief

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Parties

Tomlinson

Applicant

Procedural Posture

Succession Wills / Action to Annul Will

Legal Issues

  1. 1 Whether proceedings to annul a will of realty must be commenced by Bille de Prevot rather than Order of Justice
  2. 2 Whether every fact in issue must be pleaded
  3. 3 Whether evidence by which facts are proved must be pleaded

Ratio Decidendi

Proceedings to annul a will of realty must be commenced by Bille de Prevot, and only facts in issue must be pleaded, not the evidence or date if independently available.

Court Disposition

clarification of procedural and pleading requirements