Annesley v. Annesley

Facts

Sybil Annesley ("Annesley"), a British subject, was married to a British domiciliary. The spouses resided in France until the death of the husband. Annesley remained in France without taking the steps set forth under French law for the formal acquisition of domicile in that country and seldom returned to Britain until her death. She left a will executed in France but in British form bequeathing her estate to her daughter. By French law, Annesley is not a domiciliary of France, but by British law, Annesley is a domiciliary of France. By the laws of France, the estate of Annesley is governed by the laws of her nationality, but by the laws of Britain, the estate of Annesley is governed by the laws of the domicile. French law only allows the testator to freely dispose of one-third of her estate.

Issue

Whether or not the succession is governed by French law.

Held

Yes. French law governs.

Ratio

Notwithstanding the lack of a formal French domicile, Annesley is a French domiciliary by British law given the concurrence of actual residence in a foreign jurisdiction coupled with the intent to remain there.  Thus, French law refers the matter to English law which, in turn, will refer the matter back to French law. Consequently, in these circumstances, French law dictates that French courts will apply the domestic law. Hence, French law governs the succession and Annesley may only dispose of one-third of her estate.