Legal Definitions - ubi defunctus habuit domicilium

UBI DEFUNCTUS HABUIT DOMICILIUM

Ubi defunctus habuit domicilium is a Latin term used in Scots law. It means "where the decedent had his domicile."

If someone dies in Scotland, their estate will be distributed according to Scots law. This means that the court will look at where the person lived and had their permanent home, or domicile, at the time of their death. For example, if a person lived in Edinburgh for most of their life and died there, their domicile would be considered to be Edinburgh. Therefore, any property or assets they owned would be distributed according to Scottish law.

Another example would be if a person lived in Glasgow but owned a holiday home in the Highlands. If they died while staying at their holiday home, the court would need to determine whether their domicile was Glasgow or the Highlands. This would affect how their estate is distributed.

These examples illustrate how ubi defunctus habuit domicilium is used in Scots law to determine where a person's estate should be distributed after their death.