Mrs. Williams and Mr. Stafford (W & S) were the personal representatives of Mr. Michael Burrows (the

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Mrs. Williams and Mr. Stafford (W & S) were the personal representatives of Mr. Michael Burrows (the deceased) who died in February 1993; Sofia Burrows was the wife of the deceased. W & S were appealing the order made by the courts that Mr. Burrows died domiciled in England and Wales and awarding Ms. Burrows the sum of $140,000. The deceased was born in 1931 in Mauritius. In 1956 he married Ms. Burrows. In 1960 he came to England to find work. In 1961 he was joined in England by Ms. Burrows and in 1968 he purchased a property in London as the matrimonial home. In 1972 they moved to another property. In 1968, Mauritius became independent. The deceased and Ms. Burrows chose to retain their British nationality rather than taking Mauritian citizenship. However, the deceased later acquired a Mauritian passport. Between 1965 and 1976 the deceased was engaged in an air tours business operating between England and Mauritius; the business failed in 1976. In 1975 the relationship between the deceased and Ms. Burrows broke down. She commenced divorce proceedings in 1977, but this petition was dismissed in 1989. In September 1989 a new petition was brought and a decree nisi granted but was not made absolute prior to the deceased’s death. After Ms. Burrows left the deceased, Mrs. Williams (the deceased’s niece) moved into his house as housekeeper and remained there till his death. In 1987 the deceased made a will in England leaving all his property to Mrs. Williams. In 1991 he made a will in Mauritius leaving his property to Mrs. Williams. The deceased had purchased three properties in Mauritius in 1970. He later acquired three further properties there. All these properties – other than that at Bean Street, Port Louis – were sold or given away prior to the deceased’s death.

(a) Determine the deceased’s domicile.

(b) Comment on the advisability of the settlor being appointed as trust protector and describe the duties of a trustee in relation to the investment of trust property.