Tatiana Maria
Majesty
- Joined
- Oct 15, 2013
- Messages
- 7,162
- City
- St Petersburg
- Country
- United States
Why is there an impression that if the Duke of Sussex relinquished his lease on Frogmore Cottage, then it would change his domicile under UK law? While I am not a lawyer, the legal guidance from the UK Home Office makes it clear that the burden of proof would lie on the party advancing the claim that the Duke of Sussex had lost his British domicile of origin in favor of an American domicile of choice. It also seems to make clear that a single statement from Prince Harry that he has no intention to make the US his permanent home would suffice to defeat that claim.
The text of the paragraph of the Regency Act of 1937 relating to potential Counsellors of State who will be absent from the UK leaves that ambiguous:
"Provided that, if it appears to the Sovereign that any person who, in accordance with the foregoing provisions of this subsection, would be required to be included among the Counsellors of State to whom royal functions are to be delegated, is absent from the United Kingdom or intends to be so absent during the whole or any part of the period of such delegation, the Letters Patent may make provision for excepting that person from among the number of Counsellors of State during the period of such absence."
Out of curiosity, what led you to change your view on this question?
What I am not sure of though is whether without Harry there would only be three counsellors appointed or whether Beatrice would be added to make up four.
The text of the paragraph of the Regency Act of 1937 relating to potential Counsellors of State who will be absent from the UK leaves that ambiguous:
"Provided that, if it appears to the Sovereign that any person who, in accordance with the foregoing provisions of this subsection, would be required to be included among the Counsellors of State to whom royal functions are to be delegated, is absent from the United Kingdom or intends to be so absent during the whole or any part of the period of such delegation, the Letters Patent may make provision for excepting that person from among the number of Counsellors of State during the period of such absence."
If Harry is ineligible than Beatrice automatically becomes the 4th eligible person.
Out of curiosity, what led you to change your view on this question?