Ramsay v Liverpool Royal Infirmary

A domicile of origin is not easily displaced, and a man who lived in Liverpool for the last 36 years of his life did not acquire an English domicile of choice because he had not formed the necessary intention.

Citation
[1930] AC 588
Court
House of Lords
Year
1930
Subject
Conflict of Laws
Topic
Domicile, property, foreign states and public policy

Facts

George Bowie was born in Glasgow with a Scottish domicile of origin. He gave up work at the age of 37 and moved to Liverpool, where he lived with his brother and then his sister for the last 36 years of his life, refusing to work and living off his family. He rarely left Liverpool, and expressed pride in being a Glasgow man. He made a will which was valid under English law but not under Scottish law, and the validity of the will depended on whether he had acquired a domicile of choice in England.

Legal principle

The House of Lords held that he had retained his Scottish domicile of origin, so the will was invalid. Viscount Dunedin said that a domicile of origin cannot be lost by mere abandonment, and can be displaced only by the acquisition of a domicile of choice, which requires a residence in a country with the intention of remaining there permanently or indefinitely. The burden of proving a change of domicile lies on those who assert it, and the evidence must be clear. Long residence was not by itself sufficient, and the evidence did not show that Bowie had formed the intention of making England his permanent home.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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