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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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