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Jersey Case Law

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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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Probate [2018] JRC 062

Ingram -v- Gottrell (Deceased)

Ingram -v- Gottrell (Deceased) [2018] JRC 062 (21 March 2018)

The court refused a legal adviser’s costs claim after a probate representation was withdrawn, finding his own poor fee-recording caused the dispute.

  • Executor's duties
  • Legal costs
  • Withdrawal of representation
  • Allocation of legal fees
  • Probate
  • Costs
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Probate [2015] JRC 199

Estate of Trevor Hunt (Deceased)

Estate of Trevor Hunt (Deceased) [2015] JRC 199 (30 September 2015)

The Jersey Royal Court approved an insolvency procedure for a deceased’s movable estate, allowing creditor claims to be proved and professional charges to be paid.

  • Insolvent estates
  • Executor's duties
  • Proof of claims
  • Professional charges
  • Distribution of assets
  • Insolvent-estates
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Tax law [2014] JRC 244

Temple -v- Comptroller of Taxes and Others

Temple -v- Comptroller of Taxes and Others [2014] JRC 244 (09 December 2014)

The court partly lifted a non-disclosure prohibition in a tax information notice, allowing disclosure to the estate executor and trust administrators but not to other parties.

  • Exchange of tax information
  • Third party notice
  • Prohibition on disclosure
  • Judicial review
  • Human rights (article 6 and 8 echr)
  • Executor's duties
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Succession law [2012] 1 JLR 204

In re C v

In re C v [2012] 1 JLR 204 (13 March 2012)

The court allowed a disputed estate debt to be distributed in specie to the 99% residuary beneficiary, noting its sole economic interest and the need to conclude the estate promptly.

  • Distribution of assets in specie
  • Executor's duties
  • Disputed estate debts
  • Succession-law
  • Trusts-and-estates
  • Distribution-of-assets-in-specie
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Probate [2011] JRC 233

Syvret v Benest

Syvret v Benest [2011] JRC 233 (15 December 2011)

On discontinuance of estate litigation, the Royal Court refused to order the executor to pay costs, holding the estate should not be penalized and legal aid was relevant.

  • Executor's duties
  • Costs discretion
  • Disclosure orders
  • Settlement negotiations
  • Costs-discretion
  • Executor-duties
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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.