Kebbeh v Farmer & Ors

The deceased died domiciled in Gambia, having formed a settled intention to reside there permanently or indefinitely, supported by his conduct and life history. Therefore, the Claimant has no claim under the Inheritance (Provision for Family and Dependants) Act 1975, which only applies to persons dying domiciled in England and Wales.

Parties: Claimant: Mrs. Haddy Kebbeh; First Defendant: N. Farmer; Second Defendant: Jayne Mitchell; Third Defendant: Marie Davidson; Fourth Defendant: Jennifer Isatou Mitchell
Jurisdiction: England and Wales
Judgment Date: 23 December 2015
Procedural Posture: Family Provision Claim / Judgment After Trial
Outcome: Claim dismissed
Legal Topics: Domicile, Inheritance (provision for Family and Dependants) Act 1975, Validity of Foreign Divorce, Family Provision

Succession Family Law Conflict of Laws Domicile Inheritance (provision for Family and Dependants) Act 1975 Validity of Foreign Divorce Family Provision

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Parties

Mrs. Haddy Kebbeh

Claimant

N. Farmer

First Defendant

Jayne Mitchell

Second Defendant

Marie Davidson

Third Defendant

Jennifer Isatou Mitchell

Fourth Defendant

Procedural Posture

Family Provision Claim / Judgment After Trial

Legal Issues

1 Whether the deceased died domiciled in England and Wales or Gambia
2 Whether the Claimant is entitled to financial provision under the 1975 Act
3 Effectiveness of Gambian divorce

Ratio Decidendi

Court Disposition

Claim dismissed