The adult children of the deceased appealed against a finding that their father had died domiciled in the UK, and allowing an application under the 1975 Act. He had a domicile of origin in Cyprus but had lived in England since 1958.
Judges:
Waller VP, Rix Wilson LJJ
Citations:
[2010] 2 FLR 702, [2010] EWCA Civ 335, [2010] Fam Law 702, [2010] WTLR 839
Links:
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975 2
Jurisdiction:
England and Wales
Citing:
Cited – Forbes v Forbes 9-Feb-1854
A man cannot have two domicils, at least with reference to the succession to his personal estate.
Legitimate children acquire by birth the domicil of their father.
An infant cannot change his domicil by his own act.
A new domicil . .
Cited – Aitchison v Dixon 1870
The testator, William Allan, had been Lord Provost of Edinburgh and unmarried. When 40 he moved to England ‘for a wife’ and ‘had the good fortune to win the hand of a widow . . of considerable wealth and expectations’. They lived for a while in . .
Cited – Atorney-General v Yule and Mercantile Bank of India 1931
The court considered the shifting burden of proof when the question arose of an intention to change a domicile of origin. . .
Cited – Abraham v Attorney-General 1934
. .
Cited – In the Estate of Fuld, decd (No 3) ChD 1967
The deceased had spent relatively equal periods in two or more countries. The parties disputed his domicile.
Held: A blind adherence to foreign law can not be always expected of an English Court. The legal relationship between a person and the . .
Cited – Inland Revenue Commissioners v Bullock CA 1976
The court was asked to decide whether the taxpayer’s house was his principal home. Buckley LJ discussed the nature of ‘residence’: ‘A man may have homes in more than one country at one time. In such a case, for the purpose of determining his . .
Cited – Agulian and Another v Cyganik CA 24-Feb-2006
The question was whether the deceased had lost his domicile of birth and acquired one of choice when living and working in the UK for 43 years. He had retained land in Cyprus, but lived here.
Held: He had retained his domicile of birth: . .
Cited by:
See Also – Musa and Others v Holliday and Others CA 15-Oct-2012
. .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 07 June 2022; Ref: scu.406567
