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A tale of two cities

Perdoni v Curati reinforces to practitioners the importance of establishing domicile, advises Nigel Thomas

7 February 2012

It will, no doubt, come as something of a surprise to many practitioners to learn that a will containing the declaration that: “this will is intended to dispose only of my property and estate situated in England” will not be admitted to probate should it turn out that the testator, who is domiciled abroad, left a later will which by the law of that domicile revoked the earlier will.

Written word

In a recent decision Mr Justice Sales considered the point. Pierluigi Curati, an Italian citizen living in England, died in July 2008, leaving two wills. The first, dated 18 December 1980, was written in English and contained the declaration mentioned above, while the second was a holograph will written in Italian and dated 20 September 1994. The deceased’s sister, who was the defendant in the action, contended: that the deceased was domiciled in Italy; that, although the 1...

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