Holliday and Anor v Musa & Ors

On the balance of probabilities, the deceased had, by the time of his death, formed the intention to reside permanently and indefinitely in England, thereby acquiring a domicile of choice in England and Wales and abandoning his domicile of origin in Cyprus.

Parties: Appellants: Holliday and Anr; Respondents: Musa and Ors
Jurisdiction: England and Wales
Judgment Date: 30 March 2010
Procedural Posture: Civil Appeal / Appeal From High Court Judgment on Preliminary Issue
Outcome: Appeal dismissed; High Court decision upheld
Legal Topics: Domicile of Deceased, Jurisdiction Under Inheritance (provision for Family and Dependants) Act 1975

Family Law Private International Law Domicile of Deceased Jurisdiction Under Inheritance (provision for Family and Dependants) Act 1975

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 11

Parties

Holliday and Anr

Appellants

Musa and Ors

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Preliminary Issue

Legal Issues

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 in Cyprus

Ratio Decidendi

Court Disposition

Appeal dismissed; High Court decision upheld

Orders

The finding that the deceased was domiciled in England and Wales at the date of his death is affirmed.
The court has jurisdiction to entertain proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 against the deceased's estate.