Family provision claims

Family provision claims—preliminary issues

Before the court can exercise jurisdiction it must be proved that the deceased died domiciled in England and Wales. The question of domicile can be a complex issue but broadly, it will depend on the deceased’s:

•
domicile of origin
•
domicile of choice: this does not replace the domicile of origin but may suspend it

Where the deceased’s domicile is contended, it is for the claimant to prove domicile on the balance of probabilities. Proof of death is also an obvious prerequisite of an application and the burden of proof of that also rests with the claimant.

Proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) in the High Court are assigned to either the Chancery Division or Family Division, depending on the claimant's choice. Proceedings can also be issued in the County Court.

See Practice Note: Family provision claims—preliminary issues.

Domicile and habitual residence

There are significant differences between domicile and habitual residence: habitual residence is generally a question of fact whereas domicile is a legal concept. There are also differences in

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