Reddington & Ors v. MacInnes & Ors [2002] ScotCS 46 (15th February, 2002)

Reddington & Ors v. MacInnes & Ors [2002] ScotCS 46 (15th February, 2002)

The deceased, by his prolonged residence in England, repeated statements that Bournemouth was his permanent home, burial arrangements, and absence of evidence of intent to return to Scotland, had acquired a domicile of choice in England by the date of his death.

Citation
[2002] ScotCS 46
Parties
Pursuers: Mrs Ann Reddington and Others; Defenders: Alister MacInnes and Others
Jurisdiction
Scotland
Procedural Posture
Action of Declarator / Preliminary Proof on Domicile
Outcome
Pursuers' first plea-in-law repelled; decree refused in terms of conclusion 1(a).
Legal Topics
Domicile of Origin, Domicile of Choice, Testamentary Succession
Private International Law Succession Law Domicile of Origin Domicile of Choice Testamentary Succession

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Parties

Mrs Ann Reddington and Others

Pursuers

Alister MacInnes and Others

Defenders

Procedural Posture

Action of Declarator / Preliminary Proof on Domicile

Legal Issues

  1. 1 Whether the deceased, John Grant Riach, had acquired a domicile of choice in England at the date of his death
  2. 2 Whether the deceased retained his Scottish domicile of origin

Ratio Decidendi

The deceased, by his prolonged residence in England, repeated statements that Bournemouth was his permanent home, burial arrangements, and absence of evidence of intent to return to Scotland, had acquired a domicile of choice in England by the date of his death.

Court Disposition

Pursuers' first plea-in-law repelled; decree refused in terms of conclusion 1(a).

Orders

  • Declarator that deceased was domiciled in Scotland at date of death refused