Domicile issues

A person must always have a domicile but can only have one domicile at any given time.

A person is domiciled in the country in which they are considered by English law to have their permanent home, but not always. A person may also be domiciled in a country where they do not have their permanent home. Domicile can be a difficult point to determine as a number of factors come into play.

Domicile can impact on Will dispute cases in several ways.  For example, in order to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (‘Inheritance Act’) the deceased must be domiciled in England and Wales at the date of death. If the deceased lived outside England and Wales and was domiciled anywhere else, a claim under the Inheritance Act will fail.

It will also impact in which jurisdiction will hear a Will dispute case which can have a crucial impact on the case.

Bolt Burdon recently successfully acted in the case of Rehman v Hamid [2019] EWHC 3692 (Ch) and one of the determining points of the case was the court resolving  the issue of domicile in our client’s favour, accepting that Mrs. Ali’s domicile of origin was Pakistan. You can read Alexa Payet’s blog on the case here.

We can assist a charity with bringing or defending claims alleging that the deceased acquired a different domicile. We can also clarify any issues relating to domicile.

We are always happy to talk on an initial no obligation and informal basis so please email or call one of the team.

Our Charities Team

Natasha McKeever
I am a Partner and head of the Disputed Wills and Trusts Team. Read More
T: 020 7288 4707
Alexa Payet
I am a Partner in the Disputed Wills and Trusts team. Read More
T: 020 7288 4714
Emma Bryson
I am a Senior Solicitor working in the Disputed Wills and Trusts team. Read More
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