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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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