Katarzyna (aka Kasia) Duszyk v Charles Emmanuel Morgan - Interim Administrator of the Estate of the late Maria Zbrozek

Katarzyna Duszyk, also known as Kasia Duszyk, initiated probate proceedings against Charles Emmanuel Morgan, the interim administrator of the estate of Maria Zbrozek, deceased, as well as a separate proceeding against the same defendant concerning a trust. The dispute involves two informal wills dated 2013 and 2014, with the latter being contested by the defendant. Duszyk sought to join four potential beneficiaries residing in Poland and to amend her statement of claim to include alternative declaratory relief. Morgan applied to remove the first plaintiff, a solicitor not a beneficiary, from the proceedings, and to add the Four Polish Beneficiaries as defendants in the trust proceeding.

The court had to decide several issues, including whether the first plaintiff should be removed, whether the Four Polish Beneficiaries should be joined as cross-defendants, and whether the Four Polish Beneficiaries should provide security for costs. The court also needed to determine who should be the defendant(s) in the trust proceedings. Additionally, the court had to decide whether the Four Polish Beneficiaries could raise issues regarding the 2013 will, and whether the second plaintiff could file a further amended statement of claim seeking alternative declaratory relief.

The court ordered that the first plaintiff be removed from the proceedings but remain liable for costs. The Four Polish Beneficiaries were to be joined as cross-defendants, with any amount due them from the estate subject to a charge in favor of the defendant in the probate proceedings. The court also ruled that the defendant could not rely on the trust proceedings to require security from the Four Polish Beneficiaries. In the trust proceedings, Charles Emmanuel Morgan was to be removed as a defendant, and the second plaintiff and the Four Polish Beneficiaries were to be made defendants. The court granted the second plaintiff leave to file a further amended statement of claim. The Second Plaintiff and the Four Polish Beneficiaries were allowed to raise issues in respect of the 2013 will.

The court ordered that the trust proceedings should continue in the absence of a representative of the Estate. The First Plaintiff be removed from the proceedings, but remain liable for costs. The Four Polish Beneficiaries were to be joined as cross-defendants, and any amount due them from the estate subject to a charge in favor of the defendant in the probate proceedings. The defendant could not rely on the trust proceedings to require security from the Four Polish Beneficiaries. In the trust proceedings, Charles Emmanuel Morgan was to be removed as a defendant, and the second plaintiff and the Four Polish Beneficiaries were to be made defendants. The Second Plaintiff was granted leave to file a further amended statement of claim. The Second Plaintiff and the Four Polish Beneficiaries were allowed to raise issues in respect of the 2013 will.