Jurisdiction(s):
United Kingdom

Morina v Scherbakova: Chancery Division finds English domicile despite Belgian residence; 2015 will upheld despite missing original; guidance on revocation presumptions and interplay with Belgian and Russian succession law

Published on: 30 January 2024

Published by a LexisNexis Private Client expert

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Article summary

Morina and others v Scherbakova and others [2023] EWHC 3253 (Ch)

What are the practical implications of this case?

Key points in the dispute turned on private international law and domicile. Expert evidence on Russian and Belgian law assisted the judge. A decisive element when fixing the testator’s domicile was that his move from England to Belgium was driven solely by attempts to evade extradition to Russia. He had not relinquished his English home. The court closely examined how the respective legal systems interacted, and, in particular, the rules concerning the revocation of wills. It weighed heavily that his departure was a tactic, not a permanent resettlement abroad, however...

What was the background?

Vladimir and Elena left Russia for Singapore in 1993/94, moving on to Greece the following year. They later relocated to Belgium in 2004. After that, Vladimir spent lengthy periods in Switzerland. In 2009 he met Brigita, who at that time was pregnant with BC. From about 2012, Vladimir and Brigita began spending time in England; in 2013 he purchased two homes in Surrey. BC attended a nearby nursery, and AB arrived in 2014. In 2015, Vladimir proposed to Brigita, and wedding plans were then made by them...

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