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Jersey Case Law

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Wills and probate [2023] JRC 186

Millard v Stone and Ors

Millard v Stone and Ors [2023] JRC 186 (18 October 2023)

Appeal concerning amendments to pleadings, derivative claims, and rapport a la masse in an estate dispute. Some amendments were refused, one was allowed.

  • Amendment of pleadings
  • Derivative actions by beneficiaries
  • Undue influence
  • Testamentary capacity
  • Rapport a la masse
  • Appointment of executor
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Succession law [2019] JRC 158A

Best and Anor v Best 15-Aug-2019

Best and Anor v Best 15-Aug-2019 [2019] JRC 158A (15 August 2019)

The Royal Court held that a will giving spouse and issue more than their minimum statutory entitlement should be given effect as written; the defendant's further legitime claim failed.

  • Construction of wills
  • Legitime entitlement
  • Summary judgment
  • Strike out applications
  • Construction-of-wills
  • Legitime
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Wills and probate [2019] JRC 080

Representation of Voisin Executors Limited

Representation of Voisin Executors Limited [2019] JRC 080 (06 May 2019)

The Jersey Royal Court held that Mrs Webb’s oral remarks showed an intention to alter her will, but not a clear, immediate revocation. The will stood and the residue remained shared equally.

  • Revocation of wills
  • Oral declarations
  • Partial intestacy
  • Testamentary intention
  • Executor's duties
  • Wills-and-probate
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Wills and probate [2018] JRC 031

In the matter of II

In the matter of II [2018] JRC 031 (7 February 2018)

Appeals against strike-out orders were dismissed. The court held the sons had no direct cause of action, and fraud allegations were inadequately particularised.

  • Strike-out applications
  • Fraudulent misrepresentation
  • Testamentary capacity
  • Undue influence
  • Legitime rights
  • Negligence of legal advisers
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Wills and probate

Representation of C and in the matter of Mr D (23 February 2017)

The court construed a will of Jersey immovable property so that the intended charitable beneficiary, E, was effectively the Representor, which could hold title.

  • Construction of wills
  • Devise to charities
  • Capacity to hold immovable property
  • Interpretation of testamentary intent
  • Construction-of-wills
  • Testamentary-intent
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Wills and probate [2015] JRC 239A

Representation of Jeanna Quinn

Representation of Jeanna Quinn [2015] JRC 239A (23 November 2015)

The Jersey Royal Court granted rectification of a deceased testator’s wills, finding clear and compelling evidence that the draft wills did not reflect his intentions.

  • Rectification of wills
  • Testamentary intention
  • Ambiguity in wills
  • Rectification-of-wills
  • Testamentary-intention
  • Ambiguity-in-wills
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Wills and probate [2013] JRC 235

Estate of Turquand-Young

Estate of Turquand-Young [2013] JRC 235 (26 November 2013)

The Royal Court of Jersey construed a will residue clause naming Macmillan twice under its former names and held the estate should be divided into eight equal shares.

  • Construction of wills
  • Charitable bequests
  • Mistake in testamentary disposition
  • Interpretation of testamentary documents
  • Construction-of-wills
  • Charitable-bequests
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Succession law [2013] 2 JLR 357

In re Hawksford v

In re Hawksford v [2013] 2 JLR 357 (27 September 2013)

The court interpreted a revocation clause in a will dealing with Belgian assets as revoking only earlier wills concerning those assets, not overseas assets, where intention was clear.

  • Revocation of wills
  • Interpretation of revocation clauses
  • Testator's intention
  • Revocation-of-wills
  • Interpretation-of-revocation-clauses
  • Testator-intention
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Succession law [2012] JRC 159

Representation re Estate of Shumka

Representation re Estate of Shumka [2012] JRC 159 (30 August 2012)

The Jersey Royal Court rectified Barbara Shumka’s will after finding a drafting mistake left Jersey assets outside the will contrary to her intentions.

  • Rectification of wills
  • Intestacy
  • Testamentary intention
  • Rectification-of-wills
  • Testamentary-intention
  • Succession-law
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Succession [2000] JLR 351

In re Vautier v

In re Vautier v [2000] JLR 351 (12 October 2000)

A Jersey probate application was refused because the movable-property will had been signed by someone other than the testator, making it invalid.

  • Form of wills
  • Signature requirements
  • Movable property
  • Probate
  • Wills-and-probate
  • Signature-requirements
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.