Agulian v Cyganik
In his will, Cyprus native and long-term London resident Andreas Nathanael left his Polish-born girlfriend Renata Cyganik £50,000. But Andreas' estate totalled about £6m, and Renata, who said that she was Andreas' fiancee, believed that she was entitled to more under the Inheritance (Provision for Family and Dependants) Act 1975.
Renata could make a claim under the IPFD Act only if Andreas had been domiciled in England or Wales. One court determined that he was, and another that he wasn't.
Agulian v Cyganik pitted Andreas' executors (Agulian and others) against Renata. At stake was a considerable chunk of Andreas' £6m-plus estate.
Andreas (the court transcript uses their first names) was born in Cyprus in 1939, moved to London in his teens, and spent most of his adult life in England, although he visited Cyprus frequently and had business interests there. He made a will in 1995 leaving Renata £50,000.
Andreas died in London in 2003, having spent 43 of his 63 years - virtually his entire adult life - in England.
Renata was born in Poland, came to London on a student visa (before Poland became a member of the EU) and overstayed. She was living in England illegally.
The case was first heard by a High Court judge in 2005, who determined that Andreas did obtain domicile in England. But the Court of Appeals reversed that decision in 2006, mostly on the ground that the original judge gave too much weight to Andreas and Renata being engaged.
Renata's status as an illegal immigrant played no part in either her victory in the High Court or her defeat in the Appeals Court.
The High Court simply concluded that Andreas was domiciled in England, and the Appeals Court determined that it should have been Cyprus. Renata was barred from making her claim under the 1975 Act.
Agulian & Anr v Cyganik [2006] EWCA Civ 129
