ABSTRACT

One of the legacies of the important cases on domicile is that the domicile of origin will be attributed to the propositus if one cannot be certain that a domicile of choice has been acquired or equally if the domicile of choice, having been acquired, has been abandoned.86 In the latter situation, following the principle that no man can be without a domicile, it is said that the domicile of origin revives. The combination of the enduring nature of the domicile of origin and the possibility of its revival does mean that in many cases the propositus will be deemed not to have lost his domicile of origin notwithstanding the fact that he may have had little recent contact with the country in question.87 In these circumstances, it is hardly surprising that, in the leading case, the foreign wanderings of the central characters were not sufficient to deprive them of their domicile. Neither the absence of Colonel Udny from Scotland,88 nor the travels of Mr Winans,89 were sufficient to displace the domicile of origin; likewise, the indecision of Mr Bell90 and the inertia of Mr Bowie both lead to the same result.91