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Jersey Case Law

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Probate [2014] JRC 225

Representation re Estate of Stirling

Representation re Estate of Stirling [2014] JRC 225 (18 November 2014)

The Jersey Royal Court held it could grant representation despite no Jersey estate, to enable administration of Australian property proceeds held by the Public Trustee.

  • Grant of representation
  • Foreign property administration
  • Intestacy rules
  • Costs of administration
  • Probate
  • Grant-of-representation
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Trusts [2013] 2 JLR 239

In re J.P. Morgan 1998 Trust v

In re J.P. Morgan 1998 Trust v [2013] 2 JLR 239 (26 July 2013)

The court held that a settlor with fiduciary functions may be indemnified for reasonable costs of exercising them, unless the right is lost by misconduct.

  • Settlor's indemnity
  • Fiduciary functions
  • Costs of administration
  • Trusts
  • Fiduciary-duties
  • Costs-and-expenses
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Succession law [2012] 1 JLR 180

In re Moralee v

In re Moralee v [2012] 1 JLR 180 (20 February 2012)

The court held that costs of administering an estate take priority over all other claims under article 15 of the Wills and Successions (Jersey) Law 1993.

  • Costs of administration
  • Priority of claims
  • Executors and administrators
  • Succession-law
  • Estate-administration
  • Priority-of-claims
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Probate [2012] JRC 038

Estate of Moralee

Estate of Moralee [2012] JRC 038 (20 February 2012)

The Royal Court held that an executor’s charging clause does not operate against an insolvent estate without creditor or court approval, but administration costs retain priority.

  • Executor's remuneration
  • Costs of administration
  • Right of retainer
  • Insolvent estates
  • Executor-remuneration
  • Administration-costs
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Bankruptcy/insolvency

Viscount v Shirley

The Royal Court held that the Viscount’s legal costs in the désastre were properly incurred and dismissed the representation and Mr Shirley’s objections.

  • DĂ©sastre administration
  • Claim adjudication
  • Directions
  • Costs of administration
  • Dismissal for futility
  • Bankruptcy-insolvency
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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.