Ryan-Cox (on her own behalf and as representative of Theobalds Cox deceased) (Appellant) v Cox (as representative of Rhona aka Lorna Mary Cox) (Respondent) (St Lucia)

Ryan-Cox (on her own behalf and as representative of Theobalds Cox deceased) (Appellant) v Cox (as representative of Rhona aka Lorna Mary Cox) (Respondent) (St Lucia)

The exclusion of legal dower in the marriage covenant before the second marriage did not restrict Richardson Cox's ability to dispose of property by testamentary disposition. The Champagne Estate, acquired during the second marriage and funded by borrowing, was not subject to legal dower from the first marriage, and the marriage contract's exclusion of dower freed the estate for testamentary disposition.

Citation
[2019] UKPC 32
Parties
Appellant: Ryan-Cox; Respondent: Cox
Jurisdiction
United Kingdom
Judgment Date
27 June 2019
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Dower, Testamentary Disposition, Matrimonial Property, Marriage Contract
Family Law Succession Law Property Law Dower Testamentary Disposition Matrimonial Property Marriage Contract

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Parties

Ryan-Cox

Appellant

Cox

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether clause 4 of the marriage covenant excluded dower and prevented testamentary disposition to the second wife and her children
  2. 2 Whether the Champagne Estate was subject to legal dower from the first marriage

Ratio Decidendi

The exclusion of legal dower in the marriage covenant before the second marriage did not restrict Richardson Cox's ability to dispose of property by testamentary disposition. The Champagne Estate, acquired during the second marriage and funded by borrowing, was not subject to legal dower from the first marriage, and the marriage contract's exclusion of dower freed the estate for testamentary disposition.

Court Disposition

appeal dismissed

Orders

  • Written submissions as to costs invited within 21 days of the date of this Advice.