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

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

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.

Citation
[2011] JLR 603
Parties
Applicant: Amy; Respondent: Amy
Jurisdiction
Jersey
Judgment Date
27 July 2011
Procedural Posture
Succession Dower Application / Judgment
Outcome
application granted in part
Legal Topics
Dower, Customary Law, Application to Court, Royal Court Rules 2004 R.13/2(5)
Succession Law Family Law Dower Customary Law Application to Court Royal Court Rules 2004 R.13/2(5)

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Parties

Amy

Applicant

Amy

Respondent

Procedural Posture

Succession Dower Application / Judgment

Legal Issues

  1. 1 Whether a widow is entitled to dower before making an application to the court if no agreement with heirs exists

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

Orders

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