Domicile

Question 1

How do you establish a person’s domicile?

Answer 1

1) Physical presence in a place +

2) Intent to be domiciled in that place.

Question 2

What are 4 key principles of domicile?

Answer 2

(i) Physical presence can be for even a very short period of time as long as the intent is clearly manifested
(ii) Do NOT confuse intent with motive
(iii) If one has multiple RESIDENCES, the principal residence one is his/her domicile
(iv) One retains their domicile UNTIL they have “satisfied” the two part test elsewhere

Question 3

How do you establish domicile for individuals who lack legal capacity?

Answer 3

(i) Infants:
Domicile of their parents

In case of divorce or separation: Domicile of the one with custody

(ii) Mental Incompetents:
Domicile of his/her parents.

If incompetent AFTER having acquired a domicile of choice, retains the domicile of choice.