Morris v Davies & Ors

Morris v Davies & Ors

The Family Defendants failed to prove that Owen Davies acquired a domicile of choice in Belgium. Although he lived and worked in Belgium and France, retained property in England, never purchased property in Belgium, maintained English ties, and did not demonstrate the requisite intention to reside permanently or indefinitely in Belgium. His domicile of origin in England was not displaced.

Parties
Claimant: Adrian Nicholas Morris; First Defendant: Adrian Michael Davies; Second Defendant: Maria Jozica Davies; Third Defendant: Adrienne Maria Catherine Mamber; Fourth Defendant: Edwin Laurence Davies; Fifth Defendant: Clive Vernon Davies
Jurisdiction
England and Wales
Judgment Date
12 July 2011
Procedural Posture
Probate/administration of Estate / Judgment on Preliminary Issue (domicile of Deceased)
Outcome
Claim dismissed as to Belgian domicile; declaration that deceased remained domiciled in England at death.
Legal Topics
Domicile of Origin, Domicile of Choice, Intention of Permanent Residence, Administration of Estate, Validity of Will
Succession Conflict of Laws Probate Domicile of Origin Domicile of Choice Intention of Permanent Residence Administration of Estate Validity of Will

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Parties

Adrian Nicholas Morris

Claimant

Adrian Michael Davies

First Defendant

Maria Jozica Davies

Second Defendant

Adrienne Maria Catherine Mamber

Third Defendant

Edwin Laurence Davies

Fourth Defendant

Clive Vernon Davies

Fifth Defendant

Procedural Posture

Probate/administration of Estate / Judgment on Preliminary Issue (domicile of Deceased)

Legal Issues

  1. 1 Whether the deceased, Owen Davies, acquired a domicile of choice in Belgium prior to his death
  2. 2 Whether the deceased remained domiciled in England at the time of death

Ratio Decidendi

The Family Defendants failed to prove that Owen Davies acquired a domicile of choice in Belgium. Although he lived and worked in Belgium and France, retained property in England, never purchased property in Belgium, maintained English ties, and did not demonstrate the requisite intention to reside permanently or indefinitely in Belgium. His domicile of origin in England was not displaced.

Court Disposition

Claim dismissed as to Belgian domicile; declaration that deceased remained domiciled in England at death.

Orders

  • Declaration that Owen Davies never lost his domicile of origin and remained domiciled in England.