Proles v Kohli

Proles v Kohli

The deceased acquired England as his domicile of choice by 2010, based on his conduct, business, social, and emotional ties, and intended to reside in England indefinitely. His trip to India before death was temporary and did not constitute abandonment of English domicile, as it was forced by illness and not a decision to reside in India indefinitely.

Parties
Claimant: Amélie Pearl Lily Proles; Litigation Friend: Melissa Proles; Defendant: Harjeet Kaur Kohli
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Deceased was domiciled in England at the date of his death.
Legal Topics
Domicile, Inheritance (provision for Family and Dependants) Act 1975, Financial Provision, Preliminary Issue, Burden of Proof
Succession Family Law Conflict of Laws Domicile Inheritance (provision for Family and Dependants) Act 1975 Financial Provision Preliminary Issue Burden of Proof

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Parties

Amélie Pearl Lily Proles

Claimant

Melissa Proles

Litigation Friend

Harjeet Kaur Kohli

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the deceased was domiciled in England and Wales at the date of his death
  2. 2 Whether the deceased acquired England as his domicile of choice
  3. 3 Whether the deceased abandoned his English domicile of choice by travelling to India before death

Ratio Decidendi

The deceased acquired England as his domicile of choice by 2010, based on his conduct, business, social, and emotional ties, and intended to reside in England indefinitely. His trip to India before death was temporary and did not constitute abandonment of English domicile, as it was forced by illness and not a decision to reside in India indefinitely.

Court Disposition

Deceased was domiciled in England at the date of his death.

Orders

  • Preliminary issue determined in favour of the claimant.