The case of acquiring a domicile of choice

association of international life offices -

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the recent gaines-cooper ruling established that residence and intention of permanent residence was required to lose a domicile of origin

The issue of domicile is once again in the news as a result of the Gaines-Cooper case. Gaines-Cooper, an entrepreneur with worldwide business interests, was born in England but had significant connections with the Seychelles and claimed he was domiciled there. He bought a house there but, crucially, always had a physical presence both in England and the Seychelles. At the hearing, the Special Commissioners formed the view, based on sound legal precedents, that "he can only acquire a domicile of choice in the Seychelles if the residence established in that new country is his chief residenc...

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