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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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Probate [2022] JRC 023

Millard v Cox and Ors

Millard v Cox and Ors [2022] JRC 023 (27 January 2022)

The court refused most further specific discovery requests in a probate dispute, ordered general discovery instead, and awarded costs to the defendants.

  • Wills
  • Undue influence
  • Testamentary capacity
  • Discovery
  • Costs
  • Probate
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Mental capacity law [2019] JRC 170

In the matter of N (Capacity) 03-Sep-2019

In the matter of N (Capacity) 03-Sep-2019 [2019] JRC 170 (03 September 2019)

The Royal Court held that Jersey’s lucid-interval rule survives the Capacity and Self-Determination (Jersey) Law 2016, subject to the statutory capacity test.

  • Testamentary capacity
  • Lucid interval
  • Delegation and curatorship
  • Repeal of customary law
  • Execution of wills for persons lacking capacity
  • Testamentary-capacity
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Civil procedure [2018] JRC 169

Powell v Chambers

Powell v Chambers [2018] JRC 169 (11 September 2018)

The Royal Court of Jersey partly granted relief from sanction after an automatic strike out for discovery failures, but kept economic and consequential loss claims struck out.

  • Relief from sanction
  • Discovery obligations
  • Strike out orders
  • Litigant in person
  • Testamentary capacity
  • Breach of promise
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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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Succession law [2016] JRC 106

In the matter of II

In the matter of II [2016] JRC 106 (15 June 2016)

The Jersey Royal Court struck out most of two plaintiffs’ claims in a family estate dispute, leaving only a claim for return of personal belongings.

  • Strike out applications
  • Testamentary capacity
  • Negligence of solicitors
  • Estoppel
  • Emotional distress claims
  • Limitation of actions
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Civil procedure [2015] JRC 194

In the matter of II

In the matter of II [2015] JRC 194 (23 September 2015)

The Royal Court of Jersey confirmed an amicus curiae appointment in long-running family litigation and limited the amicus to attending hearings and commenting on filed materials.

  • Appointment of amicus curiae
  • Testamentary capacity
  • LĂ©gitime
  • Negligence by legal professionals
  • Interim payments
  • Discovery obligations
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Probate [2002] JRC 71

Re X v

Re X v [2002] JRC 71 (27 March 2002)

The Royal Court of Jersey held that it could grant declaratory relief about a living person's testamentary capacity where the issue had real practical consequences.

  • Declaratory relief
  • Testamentary capacity
  • Interdiction
  • Codicil validity
  • Declaratory-relief
  • Testamentary-capacity
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Succession law [1999] JLR 228

In re Bull v

In re Bull v [1999] JLR 228 (24 August 1999)

A Jersey succession case on wills and testamentary capacity, holding that the party supporting a purported revocation must prove the testator’s capacity.

  • Wills
  • Testamentary capacity
  • Burden of proof
  • Succession-law
  • Testamentary-capacity
  • Burden-of-proof
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Succession law [1984] JLR 21

Trigg v Crapp

Trigg v Crapp [1984] JLR 21 (16 April 1984)

A Jersey succession dispute on wills and testamentary capacity. The court held that the party supporting the will bears the burden of proving capacity.

  • Wills
  • Testamentary capacity
  • Burden of proof
  • Succession-law
  • Testamentary-capacity
  • Burden-of-proof
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