Representation of Johnson and Rosel Estates Limited: [2024] JRC 074

This case concerned applications to renounce interests relating to a will of immovable estate. The first representor was the grandson of the deceased (the “Grandson”). By the deceased’s will relating to their immovable estate (the “Will”), the Grandson received life enjoyment of that estate (the “Property”) with reversionary ownership to revert to the second representor (a Jersey incorporated company, wholly owned by a Jersey law discretionary trust (the beneficiaries of whom included, the Grandson and his mother) (the “Company”).

The Will was not registered and the Grandson had not lived in the Property or gained any benefit from the Property. Proceedings were brought by the Grandson and the Company to disclaim and renounce their interests to the Property.

The Court was referred to the decision of Representation of Petery John Yves Howard [2022] JRC 145 which considered for the first time, whether a renunciation of an interest in immovable property under a will was possible. The Court in that case held that it was permissible and the key questions the Court had to consider are:

• Has the beneficiary, by their conduct, accepted the legacy under the will
• If not, must thy renounce their interest within a certain period of registration of the will; and
• If they have, subject to the Court order, successfully disclaimed their interest under the will, from when does that renunciation take effect.

The Court accepted that the Grandson had not accepted the legacy under the Will and subsequently ordered that both the Grandson and the Company’s interests in the Property were disclaimed prior to the death of the deceased, such that the Property devolved under the rules of intestacy.

Comment

This is now the second case that the Royal Court has heard regarding the renunciation of interests in immovable property obtained by a will of immovable estate. It clearly establishes what an applicant would have to establish in order to have reasonable prospects of having such renunciation accepted.

KEY WORDS: Probate; Immovable property; Wills; disclaimer of interest

This is the second case to consider the act of disclaiming interests in immovable property in Jersey obtained by a will.