A FAILED Russian asylum seeker yesterday lost a legal battle against her dead lover's sister for a share of his estate.
Tatiana Chebotareva, 22, launched a civil action against Buddhist nun Dorje Khandro, 54, who inherited her brother's assets, which could be worth up to £500,000, after he died without leaving a will.
Ms Chebotareva wanted her boyfriend James King'
s house in Stirling to be transferred to her and launched a civil action at Stirling Sheriff Court.
She claimed she lived with businessman Mr King, who died from a brain haemorrhage aged 55, at the property at 40 Maurice Avenue, after they met in London six years ago. But Sheriff Thomas Ward yesterday dismissed the case.
In his summary of opinion, Sheriff Ward wrote: "It was agreed when parties made their submissions before me that if the deceased was not habitually resident within the Sheriffdom of Tayside Central and Fife or was not domiciled in Scotland then the pursuer's case would fail.
"I have come to the conclusion that the deceased was not habitually resident at 40 Maurice Avenue, Stirling, at the date of death and I am also satisfied that (he] was not domiciled in Scotland.
"That is sufficient to deal with the preliminary matters and dismiss the pursuer's case."
It is understood to be the first case of its kind to get this far in the Scottish courts.
Ms Chebotareva had also wanted the estate to pay her £50,000, or such sum as the court deemed appropriate, either in addition to the transfer of the property or if the transfer failed.
The Russian claimed she and Mr King lived at the Stirling flat from the summer of 2005 until 30 May, 2006, the date he died.
But the sheriff wrote in his summary that the "negligible" electricity bills contradicted this claim. Neighbours also never saw them.
Sheriff Ward said he did not find it credible that the couple lived "a hermit's life" in the flat for 11 months.
He also found that Mr King's main home was in England, and that he never changed it, keeping all his main connections in London.
The full article contains 363 words and appears in The Scotsman newspaper.
