In re Amy v [2000] JLR 80 (04 April 2000)

In re Amy v [2000] JLR 80 (04 April 2000)

Under Jersey law, there is a strong presumption that a bequest is adeemed if the item is disposed of between the date of the will and the testator's death, unless surrounding circumstances evidence a contrary intention by the testator.

Citation
[2000] JLR 80
Parties
Testator: Amy
Jurisdiction
Jersey
Judgment Date
04 April 2000
Procedural Posture
Succession / Judgment
Outcome
presumption of ademption affirmed, subject to evidence of contrary intention
Legal Topics
Wills, Ademption
Succession Law Wills Ademption

Case Brief

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Parties

Amy

Testator

Procedural Posture

Succession / Judgment

Legal Issues

  1. 1 Whether a bequest is adeemed when the item bequeathed is disposed of between the date of the will and the testator's death under Jersey law.

Ratio Decidendi

Under Jersey law, there is a strong presumption that a bequest is adeemed if the item is disposed of between the date of the will and the testator's death, unless surrounding circumstances evidence a contrary intention by the testator.

Court Disposition

presumption of ademption affirmed, subject to evidence of contrary intention