1. Please write legibly - unreadable papers may result in lost marks.
2. Your written paper will have to be photocopied so please -
write in black ink
write well within reasonable margins, i.e. 1" all around each page.
3. Write your assigned number at the top left hand corner of each page and the page number in the top right hand corner of each page (remembering to keep within photocopyable margins, i.e. 1" all round each page).
4. Number your answers and start each new answer on a new page.
5. Write on one side of the paper only.
6. You must answer questions 1 and 2, which carry 26 marks each. You must also answer a further three questions from questions 3-7, which carry 16 marks each.
7. Parts of the questions carry the marks shown in brackets if applicable.
8. Support your answers wherever possible by reference to statutory, judicial or other authority. Give reasons for your answers.
9. Time allowed: 3 hours.
1. Harold Le B consults you.
Since his marriage to Miss Winifred D, a wealthy Jerseywoman in 1965 he has lived with her at Chez Toi, a property which Miss D holds on a 75 year sub-lease from Landworth Holdings Limited. Landworth Holdings Limited in turn holds the property on a 100 year Lease from Rich Enterprises Limited.
Winifred and Harold have two adult sons, John and Jack, both of whom have moved away from home and who are estranged from their parents. Apart from her leasehold interest in Chez Toi, Winifred also owns a cottage in Trinity called "La Place".
In 1983, following her sons' estrangement, Winifred made separate Wills of personal and real estate, which provided that the entirety of both estates should go to Harold.
After 1995, Winifred and Harold began experiencing matrimonial difficulties. Winifred met and subsequently formed an adulterous relationship with John B who was a strong character and quite domineering. Between the period 1995-2000 Winifred spent more and more time with Mr B. She continued, however, to spend the majority of each week with Harold at Chez Toi, where they continued to tolerate each other, eating together and sharing common rooms, but not the same bed.
In 1999 Winifred suffered a stroke and thereafter remained somewhat vague and confused, although she did benefit from periods of lucidity and clarity. On 20th July 2000 Winifred called her family lawyer and appeared to give instructions over the telephone for new Wills leaving the majority of her estate to John B. It was apparent to Winifred's lawyer that Mr B was in the room with Winifred when she was giving her instructions, and Mr B audibly prompted Winifred from time to time. On 25th July 2000 Winifred's lawyer and his assistant attended upon Winifred at La Place with new Wills of real and personal estate, leaving all of Winifred's realty to Mr B, one half of her personal estate to Mr B, and the other half of her personal estate to John and Jack. Each Will respectively contained a general revocation clause of all previous Wills relating to Real Estate and to Personal Estate.
The Will of Real Estate was read over to Winifred and she signed it. Her lawyer then signed the Will as a witness. The Lawyer's assistant however forgot to sign the Will of Real Estate in front of Winifred and instead added her signature to the Will later that week when she was alone in the office.
Winifred signed her Will of Personal Estate in front of her lawyer and the assistant, but due to the hour being late, Winifred's lawyer said that he and his assistant would sign the Will later. They forgot to sign the Will.
Winifred's personal estate includes:-
(a) money of £120,000.00;
(b) an original oil painting situate in Chez Toi valued at £25,000.00;
(c) a set of antique chairs situate in Chez Toi worth £9,500.00;
(d) a state of the art computer situate in Chez Toi which Winifred used mainly in her profession as an author of romantic novels worth £5,000.00;
(e) other miscellaneous pieces of furniture situate in Chez Toi not forming a set valued in aggregate at £21,000.00.
Harold is now concerned as to his rights in his home and his late wife's Personal Estate. He cannot trust his sons and wants to ensure that his own estate will pass to his brother Bruno. Advise him.
2. Reference is made to the attached family tree of Eliza Valjean the adopted and only daughter of Jean Valjean and Jeannette Smith, who died intestate on 16th March 2001.
The claimants in the estate are written in bold and underlined, all others have passed away. The claimants comprise Isabel and Fortunata Pires (Eliza's twin cousins twice-removed), Patric Valjean (her first cousin), Anthony Smith (her uncle), Jeremy Smith (her first cousin), David James (her half cousin once removed) and Colin James (her half cousin, who is a national of and resident in Argentina).
The estate comprises the following.
(a) The property known as La Place, comprising a single tête de partie with a small garden in the country. La Place was devised to John Valjean, Eliza's illegitimate son, and retained by a Tutelle. Sadly John died in infancy but before his death the Tutelle lawfully gifted La Place to his mother Eliza.
(b) The property known as Mon Rêve, which Eliza inherited on intestacy from her mother Jeannette. Mon Rêve again comprises a single tête de partie with a small garden in town.
(c) The farmhouse, outbuildings and appurtenances known as Blanche Pierre, St Lawrence, which were acquired by Eliza by contract of purchase during her life-time and which comprise three têtes de partie.
(d) Money and other personal assets.
Identify how each of the assets referred to at (a) - (d) above is classified for the purposes of the law of intestate succession. [8]
Please then advise as to the extent of the claims of each claimant against each of those assets. [18]
3. (a) (i) In what circumstances will a widow retain a right of dower over her husband's real estate? [3]
(ii) Compare and contrast a widow's rights of dower to a spouse's entitlements under Part III of the Wills and Successions (Jersey) Law 1993. [3]
(b) Describe the purpose of and procedure relating to Benefice d'Inventaire. [5]
(c) Write notes on droit de viduite. [5]
4. (a) The day after you take your oath of office in Court, your employer's oldest client, a widower named Henry du Pont, attends at your office to sign his new Wills of Real and Personal estate. It being after 5.00 p.m. your employer is on the golf course and only you and your 19 year old assistant Joanne du Pont are available to see Henry. Describe what you do to ensure that the Wills are executed according to law. [4]
(b) Just before Henry signs his Will, he tells you that he has two daughters, Isabel and Natalie, and that Isabel is the only named beneficiary in his Wills. He explains that he has chosen to disinherit Natalie because she has "had enough from me during my life - at least twice as much as Isabel has had." Advise him on what rights Natalie may have to challenge each Will. [4]
If a challenge to either Will is made, then advise Henry upon how both Natalie and Isabel must deal with the gifts that they have obtained from their father during his lifetime. [5]
Furthermore, in the event that a challenge to the Wills were made, advise Henry as to the share of the estate that each of his daughters might receive. [3]
5. You act for Ashley Cole in relation to the Estate of his late cousin Rex, who died in 1998. Please see the annexed family tree.
Rex died leaving:-
(a) a niece, Sarah, daughter of his deceased brother Andrew. Andrew and his family gave up their British Nationality and settled in Australia in the 1960's; Australia is now their home and Andrew died there;
(b) a paternal grandfather Peter;
(c) a maternal grandfather Alan Peters;
(d) uncles Arthur (who is now a Kenyan domiciliary and a Kenyan National), Grant and Hubert;
(e) cousins Ashley (your client) and Margaret;
(f) a first cousin, once removed, Robert.
Rex died possessed of "Three Fiddlers", a single tête de partie with a small garden in the country, gifted to him by his father Charles who died in the 1960's, and personal estate
Rex executed a Will of Real Estate in 1970, under which he devised all his real property to one Miss Dolly Prospect. A subsequent Will of Jersey Real Estate, executed by Rex in 1990 has just been found which devises all Rex's Real Estate to Ashley Cole. Rex's signature to this Will is witnessed only by John Drake (a farmer) and Nigel Drake (a dentist). The Will contains a clause as follows:-
"I hereby revoke and annul all Wills and testamentary dispositions heretofore made by me with regard to my real or immoveable estate."
Advise Ashley on his claims (if any) in the estate of Rex.
6. You represent A, one of the four children of F and M. A's siblings are B, C and D. M is the wife of F.
F made Wills of Real and Personal estate in 1981. Under his Will of Real estate he devised the life enjoyment of "Blanche Pierre", the matrimonial home, to M and the nue propriete to A. He bequeathed his Personal estate to M absolutely.
Between 1980 and 1995 F made gifts of £60,000.00 to A. In 1996 F had a falling out with your client A, accusing him of being interested only in F's money. On one unfortunate occasion an argument developed during a family meal at a local restaurant when F was heard to exclaim against A "You're no longer a son of mine, and you'll not be getting anything more of my property either!"
Soon afterwards F began suffering the symptoms of a liver disease which included periodic bouts of mental delusion. From 1998 F's mental and physical health became progressively worse. F continued to own "Blanch Pierre", but in 1995 had acquired two other properties, "Vue du Port" and "Chant de la Mer". He also has personal estate to the value of £150,000.00.
In 1999 F who was very frail, gave instructions for new Wills to be drawn. He devised Blanche Pierre (the matrimonial home) to W absolutely. When he was asked what he wished to do with "Vue du Port" and "Chant de la Mer" he replied; "Oh, I have other property do I?" They were not included in the Will.
With regard to his personal estate, he instructed his lawyer that he wished to bequeath one half to W, and the other half to his children B, C and D. When his lawyer asked him whether he wished to make any provision for your client A, he said "A? I don't have a son called A." It was explained to him by his lawyer that A may have a claim to a portion of his estate, and he replied "I don't understand all that - just do the Wills as I have instructed please." The Wills were drafted, as he instructed, and he signed them according to law. Both Wills contained general revocation clauses of all previous testamentary instruments.
Advise A.
7. (a) In what circumstances may unsigned documents be admitted to probate or registered as valid testamentary dispositions in Jersey? [6]
(b) To what extent is representation allowed in the collateral successions of:-
(a) propres; [2 ]
(b) acquêts; and [2]
(c) meubles. [2]
(c) What determines whether a propre is maternal or paternal, and what is the significance of this distinction. [4]
