Kebbeh v Farmer & Ors [2015] EWHC 3827 (Ch) (23 December 2015)

Kebbeh v Farmer & Ors [2015] EWHC 3827 (Ch) (23 December 2015)

The deceased acquired a domicile of choice in Gambia by residing there with the intention to remain permanently or indefinitely, as evidenced by his conduct and statements from 1994 onwards. His English ties were insufficient to displace this intention. Therefore, he was not domiciled in England and Wales at death, and the claimant cannot bring a claim under the 1975 Act.

Citation
[2015] EWHC 3827 (Ch)
Parties
Claimant: Mrs. H. Kebbeh; Defendants: N. Farmer & Others; Fourth Defendant: Jennifer Isatou Mitchell (by litigation friend Michael Bennett)
Jurisdiction
England and Wales
Judgment Date
23 December 2015
Procedural Posture
Family Provision Claim Under the Inheritance (provision for Family and Dependants) Act 1975 / Judgment After Trial on Preliminary Issue of Domicile
Outcome
Claim dismissed
Legal Topics
Domicile, Inheritance, Family Provision, Jurisdiction Under the 1975 Act
Private International Law Family Law Succession Law Domicile Inheritance Family Provision Jurisdiction Under the 1975 Act

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Parties

Mrs. H. Kebbeh

Claimant

N. Farmer & Others

Defendants

Jennifer Isatou Mitchell (by litigation friend Michael Bennett)

Fourth Defendant

Procedural Posture

Family Provision Claim Under the Inheritance (provision for Family and Dependants) Act 1975 / Judgment After Trial on Preliminary Issue of Domicile

Legal Issues

  1. 1 Whether the deceased, Malcolm Geoffrey Mitchell, died domiciled in England and Wales or Gambia
  2. 2 Whether the claimant is entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975

Ratio Decidendi

The deceased acquired a domicile of choice in Gambia by residing there with the intention to remain permanently or indefinitely, as evidenced by his conduct and statements from 1994 onwards. His English ties were insufficient to displace this intention. Therefore, he was not domiciled in England and Wales at death, and the claimant cannot bring a claim under the 1975 Act.

Court Disposition

Claim dismissed

Orders

  • The claim under the Inheritance (Provision for Family and Dependants) Act 1975 is dismissed.