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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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