The courts have confirmed that a person’s domicile of origin is not easily displaced.
Domicile is an important concept in Wills and Probate and issues often arise in contentious probate cases and claims under the Inheritance Act 1975.
The default position is that a person receives at birth a domicile of origin. That domicile of origin remains applicable throughout a person’s life unless they require a domicile of choice.
A domicile of choice arises where there is a combination of residence together with an intention of permanent or indefinite residence.
Commentators commonly refer to the domicile of origin as ‘sticky’. This means that clear and unambiguous evidence is required to prove the change of domicile. If a domicile of choice is alleged then a court will consider all the evidence of a person’s residence and their intention to reside in that country permanently or indefinitely.
The case Morris v Davies and Others involved an Englishman who had lived and worked in Belgium since 2001. He retained a UK passport and a UK driving licence. He did not speak Flemish and he maintained bank accounts in England. Most of his friends were English and some years earlier had described himself as a Briton resident in Belgium. He was planning to get married in England and expressed a desire to send any children to an English boarding school.
Lawyers arguing that he retained his domicile of origin described him simply as “an Englishman abroad”. They won the day and the court agreed that there was insufficient evidence to establish a domicile of choice and that his domicile of origin remained applicable.
By wills and probate solicitor, Jill Rushton