Witkowska v Kaminski

Witkowska v Kaminski

The claimant was entitled to reasonable financial provision as a person maintained by the deceased immediately before his death. The judge was entitled to assess maintenance based on her needs in Poland, given the factual findings regarding her ties and resources there and the deceased's intentions. Her unlawful immigration status did not bar her claim. There was no discrimination contrary to EU or ECHR law. The cross-appeal failed as the judge was entitled to find the maintenance arrangement subsisted immediately before death.

Parties
Appellant/claimant: Janina Witkowska; Respondent/defendant: Richard Kaminski
Jurisdiction
England and Wales
Judgment Date
25 July 2006
Procedural Posture
Civil Appeal (inheritance/probate) / High Court Appeal From County Court Decision
Outcome
appeal dismissed; cross-appeal dismissed
Legal Topics
Reasonable Financial Provision, Intestacy, Maintenance of Dependants, Immigration Status and Eligibility, Discrimination (eu Law)
Succession Law Family Law Civil Procedure Reasonable Financial Provision Intestacy Maintenance of Dependants Immigration Status and Eligibility Discrimination (eu Law)

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 4 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Janina Witkowska

Appellant/claimant

Richard Kaminski

Respondent/defendant

Procedural Posture

Civil Appeal (inheritance/probate) / High Court Appeal From County Court Decision

Legal Issues

  1. 1 Whether the claimant was entitled to reasonable financial provision from the deceased's estate under the Inheritance (Provision for Family and Dependants) Act 1975, sections 1(1)(ba) and 1(1)(e)
  2. 2 Whether the claimant's immigration status (illegal overstayer) barred her from eligibility under the Act
  3. 3 Whether the judge erred in assessing maintenance based on the claimant's needs in Poland rather than the UK

Ratio Decidendi

The claimant was entitled to reasonable financial provision as a person maintained by the deceased immediately before his death. The judge was entitled to assess maintenance based on her needs in Poland, given the factual findings regarding her ties and resources there and the deceased's intentions. Her unlawful immigration status did not bar her claim. There was no discrimination contrary to EU or ECHR law. The cross-appeal failed as the judge was entitled to find the maintenance arrangement subsisted immediately before death.

Court Disposition

appeal dismissed; cross-appeal dismissed

Orders

  • Claimant's appeal dismissed; order of County Court upheld
  • Respondent's cross-appeal dismissed