Decisions of the Royal Court in relation to renunciations of wills of immovable property

Decisions of the Royal Court in relation to renunciations of wills of immovable property

January 2023 saw the third in a recent series of decisions upon the renunciation of a devise of Jersey property under a will of Jersey immovable estate.

A will of Jersey immovable estate needs to be registered in the Public Registry following the death of the testator in order to have legal effect. The registered will then serves as evidence of title to the immovable estate.

The Loi (1851) sur les testaments d’immeubles does not provide for a right to disclaim, so until the Royal Court’s decision upon the Representation of Peter John Yves Howard [2022] JRC145, the position was unclear. In Howard, one of the testatrix’ sons asked the Royal Court to confirm the effect of a renunciation requested by his former wife, to honour the terms of a matrimonial settlement.

The Royal Court, recognising that a person should not have to be a legatee when they do not want to be, and granted the application, noting that:

– Renunciation can be made where there has been no acceptance of the interest in the property.

– There is no prescription period for the renunciation provided that acceptance has not accrued.

– Renunciation, if validly made, is effective at as at the date of death.

Subsequent decisions have been made upon the same principles, namely in the Representation of A. S. Jagger re: Estate of Vera Jagger née Waugh [2022] JRC180. Here, a sister wished to renounce her share in her mother’s immovable estate, making her brother the sole devisee.

In addition, in a currently unpublished case, parents who were unexpectedly predeceased by one of their sons wished to renounce so that their surviving son could benefit.

There are many reasons why a person might wish to renounce their interest in a property – they may not want the burden of property ownership, feel that another party should benefit in their place, or tax or stamp duty considerations might apply.