Jersey Judgment

Trigg v Crapp [1984] JLR 21 (16 April 1984)

Succession Law Wills Testamentary Capacity Burden of Proof

Citation: [1984] JLR 21
Status: Judgment
Jurisdiction: Jersey
Posture: Succession Dispute / Judgment

More details

Posture: Succession Dispute / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The party supporting the will must prove that the testator had testamentary capacity at the time the will was made.

Court disposition

judgment on burden of proof

Material facts

Parties

Trigg

Applicant

Crapp

Respondent

Procedural history

Posture

Succession Dispute / Judgment

Questions and positions

Legal issues

Who bears the burden of proof regarding the testator's testamentary capacity in a will dispute?

Party arguments

Applicant: The applicant contends that the will is valid and that the testator had testamentary capacity at the time of execution.
Respondent: The respondent challenges the validity of the will on the ground that the testator lacked testamentary capacity.

Court’s reasoning

Legal principles

01
[1984] JLR 21

The burden of proof is upon the party supporting the will to prove the testator's testamentary capacity.

Ratio, limits and disposition

Ratio decidendi

The party supporting the will must prove that the testator had testamentary capacity at the time the will was made.

Court disposition

judgment on burden of proof

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.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[1984] JLR 21

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Trigg v Crapp [1984] JLR 21 (16 April 1984) URL: https://www.bailii.org/je/cases/JLR/1984/JLR840021.html Cite as: [1984] JLR 21 [ New search ] [ Help ] Trigg v Crapp 1984 JLR 21 (16 April 1984) Succession-wills-testamentary capacity-burden of proof-burden upon party supporting will to prove testator's testamentary capacity 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: 1984 JLR 21 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1984/JLR840021.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

[1984] JLR 21

Case cited

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.