Domicile determined per the lex fori
Lord Wesbury in
Udny v Udny 1869
re DO/DC
Udny v Udny 1869
Facts
In UK, when DC abandoned, DO revives (Udny), but in USA, X, and Y, ...
Brookes v Brookes Trustees.
Assertion of domicile is not overly persuasive. One factor among many.
Cases?
place of funeral not persuavice, but one factor among many.
Case?
Construction o a home quite a good indicator of degree of permanence intended.
Case?
Building a home and spending your working life in a new LS is good indicator of DC. Case?
Even marriage, burial arrangements, living, working, in purported DC, not always enough where social circle remained ex-pat Brits (esp Scots).
Onus of proof on party averring DC
Continued cultural/social links to DO will tend to maintain it: CASE?
But short rtn visits to DO will seldom undermine a DC: Case?
short visits
Where a person has a lifestyle that involves significant periods in different countries, establishing a single DC in favour of the DO may prove difficult (case?),
but not insurmountable (Case?);
Man born of Scots parents domd in Jamaica moved to Sc after, to his distaste, slaves emancipated in J.
Wife dies soon after at tempus inspiciendum where still unsettled as to DC (Sc too cold). Case ans conclusion?
where it is difficult to ascertain a point in time where a DO has been abandoned, it may be deemed to have subsisted (case?).
Burden of proof re change from DO to DC may extend beyond the balance of probabilities: 2 cases?
In Re Fuld:
Burden of proof clear,
but standard of proof?
2007 case also?
Unless intention to move from DO to DC clear, and free of significant indicators of doubt, unlikely to be upheld
Tax case re Eng DO who claimed Seychelles DC but maintained significant links to DO and had house in third LS
In re Fuld
Facts?
DO adhesive?
case?
Doubts expressed re being settled will not help prove DC, case?
soldier, diplomat, employee posed abroad will not per se warrant DC (case?), however it is the decision to settle, not the reason that is key (case)
DO of legit child from father, case?
