Holliday and Anor v Musa & Ors [2010] EWCA Civ 335 (30 March 2010)

Holliday and Anor v Musa & Ors [2010] EWCA Civ 335 (30 March 2010)

On the balance of probabilities, the deceased, Ramadan Guney, had by the time of his death established his permanent and indefinite home in England, with the intention to reside there and not return to Cyprus, thereby acquiring a domicile of choice in England and Wales and displacing his domicile of origin.

Citation
[2010] EWCA Civ 335
Parties
Respondents: Holliday and Anr; Appellants: Musa and Ors; Defendant (neutral): Houssein Ramadan Guney
Jurisdiction
England and Wales
Judgment Date
30 March 2010
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issue From High Court (family Division)
Outcome
Appeal dismissed; High Court decision upheld.
Legal Topics
Domicile, Inheritance, Jurisdiction Under Inheritance (provision for Family and Dependants) Act 1975
Family Law Private International Law Domicile Inheritance Jurisdiction Under Inheritance (provision for Family and Dependants) Act 1975

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

Holliday and Anr

Respondents

Musa and Ors

Appellants

Houssein Ramadan Guney

Defendant (neutral)

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issue From High Court (family Division)

Legal Issues

  1. 1 Whether the deceased, Ramadan Hussein Guney, had acquired a domicile of choice in England and Wales at the date of his death, displacing his domicile of origin (Cyprus)

Ratio Decidendi

On the balance of probabilities, the deceased, Ramadan Guney, had by the time of his death established his permanent and indefinite home in England, with the intention to reside there and not return to Cyprus, thereby acquiring a domicile of choice in England and Wales and displacing his domicile of origin.

Court Disposition

Appeal dismissed; High Court decision upheld.

Orders

  • The finding that Ramadan Guney was domiciled in England and Wales at the date of his death is affirmed.
  • The English court has jurisdiction to entertain proceedings under the Inheritance (Provision for Family and Dependants) Act 1975.