Representation of McCammon [2008] JRC 221 (12 December 2008)

Representation of McCammon [2008] JRC 221 (12 December 2008)

The Court cannot re-write a will regarding real estate without statutory authority; the relevant statutes do not provide such authority.

Citation
[2008] JRC 221
Parties
Representor: Antony Lewis Tisdall McCammon; Devisee: James McCammon; Interested Party: Rupert McCammon
Jurisdiction
Jersey
Judgment Date
12 December 2008
Procedural Posture
Probate Application / Judgment
Outcome
application refused
Legal Topics
Variation of Will, Statutory Authority, Distribution of Real Estate

Case Brief

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Parties

Antony Lewis Tisdall McCammon

Representor

James McCammon

Devisee

Rupert McCammon

Interested Party

Procedural Posture

Probate Application / Judgment

  1. 1 Whether the Court has statutory authority to alter the disposition of real estate under the will

Ratio Decidendi

The Court cannot re-write a will regarding real estate without statutory authority; the relevant statutes do not provide such authority.

Court Disposition

application refused