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 who had died some years previously.
A domicile of origin
