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29 April 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7696 / Categories: Features , Wills & Probate
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Widow’s peak

Henrietta Mason & Paola Fudakowska provide a wills & probate update

“Life must be lived forwards, but can only be understood backwards.”

This update deals with two recent decisions under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), both of which were brought by widows who were unsuccessful in their claims.

Kebbeh v Farmer

Kebbeh v Farmer [2015] EWHC 3827 (Ch), [2015] All ER (D) 257 (Dec) addressed the question of domicile in a spouse 1975 Act claim.

Malcolm Mitchell had a domicile of origin in England, where he was married and had two daughters. By 1994 this marriage had been dissolved and he was based primarily in Gambia.

In 1999 he met the claimant, Haddy Kebbeh, a Gambian citizen 30 years his junior. They married in a Muslim ceremony in 2000 and Mitchell’s third child, Jennifer, was born in England in 2001. There were difficulties in the marriage from a relatively early stage. On 5 May 2006 Mr Mitchell made a will leaving his residuary estate to be divided equally between

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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