Kebbeh v Farmer [2015] EWHC 3827 (Ch)

WTLR Issue: July/August 2016 #161

KEBBEH

V

N FARMER & ORS

Analysis

Malcolm Mitchell (the deceased) died on 26 September 2011 in Gambia. By his final will dated 5 May 2006 he divided his estate between his three daughters equally, subject to minor pecuniary bequests. The will left no provision for his second wife, Haddy Kebbeh (the claimant). The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The defendants claimed that the deceased died domiciled in Gambia, and that the claimant therefore had no claim pursuant to s1(1) of the Act.

Counsel details

Mr David Mitchell (Ely Place Chambers, 30 Ely Place, London, EC1N 6TD, tel 020 7400 9600, e-mail dmitchell@elyplace.com) instructed by Willsons Solicitors (Coton Chambers, 35 Coton Road, Nuneaton, CV11 5TW, tel 024 7638 7821, e-mail enquiries@willsonslegal.co.uk) appeared for the claimant.

Ms Claire Van Overdijk (No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR, tel 0845 210 5555, e-mail info@no5.com) instructed by Saffron Solicitors (CIBA Building, 146 Hagley Road, Birmingham, B16 9NX, tel 0121 454 9040, e-mail info@saffronsolicitors.com) appeared for the defendants other than the fourth defendant.

Mr Clive Styles (Becket Chambers, Canterbury Innovation Centre, Uinversity Road, Canterbury, Kent, CT2 7FG, tel 01227 786 331, e-mail clerks@becket-chambers.co.uk) appeared for the fourth defendant’s litigation friend.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Inheritance (Provision for Family and Dependants) Act 1975, s1