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Domicile

Domicile in Malaysia refers to a person's permanent home, with two types: Domicile of Origin, acquired at birth, and Domicile of Choice, which requires specific conditions to be met. A Domicile of Choice can be established if the individual is an adult, voluntarily resides in a new location, intends to stay permanently, changes residence, and proves the change. Additionally, a wife adopts her husband's domicile upon marriage, while men cannot acquire a domicile of dependency.

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22 views4 pages

Domicile

Domicile in Malaysia refers to a person's permanent home, with two types: Domicile of Origin, acquired at birth, and Domicile of Choice, which requires specific conditions to be met. A Domicile of Choice can be established if the individual is an adult, voluntarily resides in a new location, intends to stay permanently, changes residence, and proves the change. Additionally, a wife adopts her husband's domicile upon marriage, while men cannot acquire a domicile of dependency.

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ann lu
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Introduction

Domicile refers to the country where a person has their permanent

home or intends to reside indefinitely. Under Malaysian law:

• A person has only one domicile at any given time.

• There are two main types of domicile:

o Domicile of Origin: The domicile acquired at birth.

o Domicile of Choice: A new domicile acquired through

residence and intention to remain permanently.

Rule

Under Malaysian law:

1. Domicile of Origin:

a. Acquired at birth and generally follows the domicile of the

father (if legitimate) or the mother (if illegitimate).


b. It remains unless replaced by a domicile of choice.

2. Domicile of Choice:

A domicile of choice can be acquired if 5 elements are satisfied:

a. Age of Majority: The person must be an adult (18 years old

under the Age of Majority Act 1971).

b. Voluntary Residence: The residence must be chosen

freely, not under compulsion.

c. Intention to Reside Permanently or Indefinitely: There

must be a clear intention to make the place a permanent

home.

The burden of proof lies on the person asserting a change

of domicile.
Case examples:

i. Shaik Abdul Latif v Shaik Elias Bux:


the court held that the deceased acquired a domicile
of choice in Selangor because he:
Lived there for 19 years,
Built a home, and
Had no property or intention to return to his
domicile of origin (Hong Kong).

ii. Winans v Attorney General: No change of domicile

as there was an intention to return to the original

country.

d. Change of Residence: The person must have moved to a

new place.

e. Burden of Proof: The burden is on the person asserting a

change of domicile.
3. Domicile of Dependency:

a. A wife takes her husband’s domicile upon marriage unless

a divorce occurs.

b. Men cannot acquire a domicile of dependency.

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