SUCCESSION: Domicile
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In the Estate of Milind Bedake [2015] ACTSC 267 Generally, the laws which you must abide by, or which dictate your affairs are the laws of the place where you live, your domicile. There is a presumption that everyone has a domicile and (generalising even further), unless you are a child, it will be the domicile of your choice. But there are situations where a person’s location may change without it being their choice, and this case is an example of that. Milind Bedake was living in ACT when he suffered a serious injury that left him with permanent cognitive impairment. He was moved to India where his father could take care of him. Several years later, Milind died without a Will. The question arose, what was to happen to his estate in the ACT. What laws applied? This all depended on where his domicile was at the date of his death.
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