What is the meaning of domicile of a deceased person?

Domicile refers to the place where an individual has their permanent home, or to which they intend to return and remain, even if they are currently residing elsewhere. It is a legal concept used to determine the jurisdiction that governs the individual’s legal matters, including the administration of their estate upon death.

An individual can have only one domicile at any given time, and it is established by a combination of physical presence and intention to remain in a particular place. Domicile is significant in legal contexts, such as probate and succession, as it influences the laws that apply to the administration of an estate.

There are three types of domicile:

  1. Domicile of Origin: The domicile a person acquires at birth, usually based on the domicile of their parents.
  2. Domicile of Choice: The domicile an individual acquires by moving to a new place and intending to make it their permanent home.
  3. Domicile by Operation of Law: Domicile assigned to an individual by law, often applicable to individuals who cannot legally change their domicile, such as minors or individuals with limited capacity.

Understanding an individual’s domicile is crucial in legal proceedings, especially when dealing with cross-border estates and determining the applicable legal framework for probate and administration.