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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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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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