header-logo header-logo

State of origin

15 July 2010 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7426 / Categories: Features , Wills & Probate
printer mail-detail

Paul Hewitt, Paola Fudakowska & Adam Cloherty outline the impact of globalisation on will settlement

Holliday v Musa EWCA Civ 335; [2010] All ER (D) 288 (CA) is another reminder of the challenges for trusts and estates law thrown up by an increasingly globalised world. Just a few years after the decision in Agulian v Cyganik [2006] 8 ITELR 762, the Court of Appeal has again grappled with the issue of a deceased’s domicile in the context of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. As in Agulian, the Musa case concerned a deceased (D) with a Cypriot domicile of origin who had lived in the UK for most of his adult life, having moved to the UK in 1958 and resided here until his death. D had for some years cohabited with the claimant (C), an English woman, with whom he had a 10-year-old son, although D also had adult children by a Cypriot wife with whom he had initially come to the UK but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll