Forced heirship and succession law
Produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors
Forced heirship and succession law

The following Private Client practice note produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors provides comprehensive and up to date legal information covering:

  • Forced heirship and succession law
  • Connecting factors
  • Domicile
  • Habitual residence
  • Habitual residence—EU
  • Nationality
  • Unity/Division
  • Renvoi—reference back
  • Intestacy
  • Matrimonial property regime
  • More...

Forced heirship and succession law

Which succession laws apply will be decided differently by different jurisdictions depending on the connecting factor accepted and used by that jurisdiction. Which connecting factor that applies is a matter for the conflict of laws or private international law rules of that particular jurisdiction. For information on English private international law rules, see the Private client and private international law—overview subtopic.

For information on specific jurisdictions, see the Jurisdictional guides: private client subtopic.

Connecting factors

Domicile

Domicile of the deceased is used as the connecting factor within the UK, most Commonwealth countries and the US. The specific definitions of key aspects of domicile will often vary between the various jurisdictions.

For example:

  1. domicile of origin

  2. initial domicile

  3. domicile of dependency

  4. domicile of choice

  5. questions as to legality of residence

  6. whether a domicile of origin revives

  7. how domicile applies to persons without mental capacity

can all be interpreted differently in the individual jurisdictions and this may result in divergent decisions being made.

The law in Scotland is different to that of the remainder of the UK.

For more information on domicile, see the Domicile of individuals sub-topic. Barlow Clowes International Limited v Henwood is also a useful summary of the law of domicile in England and Wales.

The 'Law Reform Commission of Hong Kong Report on Rules for Determining Domicile of April 2005' is an excellent summary of the

Popular documents