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The difficult home truths of domicile law

The English law of domicile goes back many, many years.  In 1858, the following guidance as to its meaning was given in a reported case, Whicker v. Hume: “By domicile we mean home, the permanent home; and if you do not understand your permanent home I’m afraid that no illustration drawn from foreign writers or foreign languages will very much help you to it”.

At first sight, this may seem like a refreshingly common-sense definition.  The idea of “domicile” is, in theory, to connect a person to some particular system of law.  Over the years, a great deal of English and Commonwealth caselaw has developed to refine the concept, and to explain when and how a person might change their domicile.

To read more of Ed Powles' learned thoughts go to Spear's Wealth Management Magazine.

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