Perdoni v Curati

[2011] EWHC 3442 (Ch); Sales J; 20th December 2011; BAILII report

Issues involved:

• The requisite intention to reside indefinitely in England for the purposes of acquiring a domicile of choice (In the Estate of Fuld (No 3) [1968] P 675, at 683E-F);
• As it was held that the testator had acquired a domicile of choice by his death, the revocation of an earlier will was governed by English, and not Italian law; and 
• Under English law, the terms of the previous will were not revoked by the later will, which did not contain an express revocation clause, having regard to the presumption against implied revocation (Lemage v Goodban (1865) LR 1 P&D 57).