Re Briard v [1964] JJ 417 (24 November 1964)
A will of realty made within 40 days of death is valid as a testamentary document but cannot transmit realty under the Loi (1851) sur les testaments d'immeubles.
- Citation
- [1964] JJ 417
- Parties
- Testator: Briard
- Jurisdiction
- Jersey
- Judgment Date
- 24 November 1964
- Procedural Posture
- Succession / Judgment
- Outcome
- Will valid as testamentary document but ineffective to transmit realty
- Legal Topics
- Wills, Testamentary Capacity, Real Property, Loi (1851) Sur Les Testaments D'immeubles
Case Brief
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Parties
Briard
Testator
Procedural Posture
Succession / Judgment
Legal Issues
- 1 Whether a will of realty made within 40 days of death is valid to transmit realty under Jersey law
Ratio Decidendi
A will of realty made within 40 days of death is valid as a testamentary document but cannot transmit realty under the Loi (1851) sur les testaments d'immeubles.
Court Disposition
Will valid as testamentary document but ineffective to transmit realty
Full Case Text
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