Domicile - A question of choice?

We all have a domicile of origin but an issue sometimes arises in the context of will disputes as to whether or not the deceased acquired a domicile of choice in a different country. The burden of proving a change of domicile lies on those who assert it. If successful the burden shifts to those to establish that he abandoned it.

It is a fact-heavy exercise requiring the court to consider the whole of a person's life and involves the consideration of even the most trivial facts.

No one factor is decisive, nor will any given fact necessarily give rise to the same outcome. Each case turns on its own facts and the importance of properly considering and addressing the issue of domicile is amply demonstrated in the case of Proles v Kohli [2018].