Nicola Caffery reviews the approach to domicile in surrogacy cases, and the requirements that must be met for a parental order to be made ‘The court looked at the issue of domicile first, as if that could not be established then the application for a parental order could not proceed under s54, HFEA 2008.‘ In …
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Wills & Trusts Law Reports | July/August 2016 #161Malcolm 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.
The deceased had moved to Gambia...
