Legal Definitions - ubi defunctus habuit domicilium

The Latin legal phrase ubi defunctus habuit domicilium translates to: "where the deceased person had their domicile."

This term is used in Scots law to identify the specific jurisdiction or legal system that governs the estate and succession of an individual after their death. It refers to the place that was considered the deceased person's permanent legal home, not just a temporary residence. Establishing a person's domicile involves considering factors like where they lived, worked, paid taxes, and, crucially, where they intended to live permanently.

• Example 1: Mr. Alistair MacGregor was born in Glasgow, Scotland, and lived there his entire life. He owned a house in Glasgow, worked as a teacher in a local school for 40 years, and all his family and social connections were in Scotland. Although he regularly took holidays in Spain, he always returned to his home in Glasgow. When Mr. MacGregor passes away, the legal principle of ubi defunctus habuit domicilium would point to Glasgow, Scotland, as the place where his estate should be administered under Scots law.

  This example illustrates the term because Mr. MacGregor's lifelong residence, work, and social ties clearly establish Scotland as his permanent legal home or domicile at the time of his death.

• Example 2: Dr. Isabella Ross, a Scottish citizen, took a research position in Canada for five years. During her time abroad, she rented out her flat in Edinburgh, maintained her Scottish bank accounts, renewed her Scottish driving license, and frequently visited Scotland, always stating her intention to return permanently once her research contract concluded. Tragically, Dr. Ross died in a car accident in Canada before her contract ended.

  In this scenario, despite her physical presence in Canada, Dr. Ross's actions and stated intentions indicate that her domicile remained in Scotland. Therefore, ubi defunctus habuit domicilium would likely determine that her estate should be handled according to Scots law, as Scotland was still her permanent legal home.

• Example 3: Mrs. Eleanor Vance was a wealthy individual who owned properties in London, Paris, and a large country estate in the Scottish Borders. She spent several months a year at each location. However, her will was drafted by a Scottish solicitor, she paid her primary taxes in Scotland, her main bank accounts were in Edinburgh, and she was a registered voter in a Scottish constituency. She always referred to her Scottish estate as "home."

  Here, even with multiple residences, the cumulative evidence of Mrs. Vance's financial affairs, legal documents, and personal declarations points to her Scottish estate as her true and permanent legal home. Thus, ubi defunctus habuit domicilium would establish Scotland as the jurisdiction for her estate.