Domicile Opens Door to Inheritance Claim

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There are circumstances under which people who have a reasonable right to expect provision is made for them out of the estate of a deceased person can claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. To be eligible, to make a claim it is necessary that the deceased person was domiciled in the UK.

Recently the fiancée of a Greek Cypriot, who had lived in the UK for 43 of the 45 years prior to his death in 2003, sought provision from his estate having lived with him for the eleven years prior to his death. When he died his grant of probate stated he died ‘domiciled in the UK’.

Domicile is a difficult concept, but is essentially based on one’s permanent intention – when one believes one ‘belongs’ and a domicile based on one’s place of origin is often difficult to dislodge.

The court heard that the man had maintained a strong sense of Greek Cypriot identity and that his return to the UK in 1974 was the result of the Turkish invasion of Greek Cyprus.

In the court’s view, his being described in the grant of probate as domiciled in the UK was of little importance. His return to the UK in 1974 was clearly not out of choice. However, in view of the relationship with the claimant, the fact that he was continuing to work and had not retired abroad and his long period of residence in the UK, the court felt that as well as being resident in the UK, he had formed at some point the intention to ‘permanently or indefinitely’ reside in the UK, thus acquiring a domicile of choice in the UK.