Morgan & Anor v Cilento & Ors

Morgan & Anor v Cilento & Ors

Anthony Shaffer acquired a domicile of choice in Queensland, Australia, based on his residence, personal and financial ties, and intention to remain indefinitely. He did not abandon this domicile before his death, as there was no unequivocal intention or act to do so.

Parties
Claimant: Leon Rhys Morgan as Attorney of Sir Peter Shaffer; Defendant: Diane Cilento; Defendant: Carolyn Shaffer; Defendant: Claudia Shaffer; Defendant: Cressida Shaffer; Defendant: Marie Josette Capece Minutolo
Jurisdiction
England and Wales
Judgment Date
09 February 2004
Procedural Posture
Probate / Judgment
Outcome
Anthony Shaffer died domiciled in Queensland, Australia.
Legal Topics
Domicile, Inheritance Tax, Inheritance (provision for Family and Dependents) Act 1975, Abandonment of Domicile, Estate Administration
Conflict of Laws Probate Tax Domicile Inheritance Tax Inheritance (provision for Family and Dependents) Act 1975 Abandonment of Domicile Estate Administration

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Parties

Leon Rhys Morgan as Attorney of Sir Peter Shaffer

Claimant

Diane Cilento

Defendant

Carolyn Shaffer

Defendant

Claudia Shaffer

Defendant

Cressida Shaffer

Defendant

Marie Josette Capece Minutolo

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether Anthony Shaffer was domiciled in England and Wales or Queensland, Australia at the date of his death
  2. 2 Whether Anthony Shaffer abandoned his domicile of choice in Queensland before his death

Ratio Decidendi

Anthony Shaffer acquired a domicile of choice in Queensland, Australia, based on his residence, personal and financial ties, and intention to remain indefinitely. He did not abandon this domicile before his death, as there was no unequivocal intention or act to do so.

Court Disposition

Anthony Shaffer died domiciled in Queensland, Australia.