Jersey Judgment

Amy v Amy [2011] JLR 603 (27 July 2011)

Succession Law Family Law Dower Customary Law Application to Court Royal Court Rules 2004 R.13/2(5)

Citation: [2011] JLR 603
Status: Judgment
Jurisdiction: Jersey
Posture: Succession Dower Application / Judgment

More details

Posture: Succession Dower Application / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A widow is not entitled to dower before making an application to the court if no agreement with the heirs exists; dower is due from the date of application.

Court disposition

application granted in part

Orders

Dower to be paid from the date of the widow's application to the court, not before.

Material facts

Parties

Amy

Applicant

Amy

Respondent

Procedural history

Posture

Succession Dower Application / Judgment

Questions and positions

Legal issues

Whether a widow is entitled to dower before making an application to the court if no agreement with heirs exists

Party arguments

Applicant: The widow claims entitlement to dower from the date of her husband's death.
Respondent: The heirs argue that dower is only due from the date of the widow's application to the court if no agreement is reached.

Court’s reasoning

Legal principles

01
Royal Court Rules 2004, r.13/2(5)

Under customary law and Royal Court Rules 2004, r.13/2(5), dower is due from the date of the widow's application to the court if no agreement with heirs exists.

Ratio, limits and disposition

Ratio decidendi

A widow is not entitled to dower before making an application to the court if no agreement with the heirs exists; dower is due from the date of application.

Court disposition

application granted in part

Dower to be paid from the date of the widow's application to the court, not before.

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2011] JLR 603

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BAILII >> Databases >> Jersey Law Reports >> Amy v Amy [2011] JLR 603 (27 July 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110603.html Cite as: [2011] JLR 603 [ New search ] [ Help ] Amy v Amy 2011 JLR 603 (27 July 2011) Succession-dower-application to court-under customary law and Royal Court Rules 2004, r.13/2(5), dower due from date of widow's application to court (clameur de douaire)-if no agreement with heirs, widow not entitled to dower before application The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 603 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110603.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court Rules 2004, r.13/2(5)

Legislation

Legislation referenced in the available case record.

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