Sangha v Estate of Diljit Kaur Sangha & Ors [2023] EWCA Civ 660 (15 June 2023)

Sangha v Estate of Diljit Kaur Sangha & Ors [2023] EWCA Civ 660 (15 June 2023)

The 2016 will, though containing a general revocation clause, was made in India and only disposed of Indian assets. There was no clear evidence that the testator intended to revoke the 2007 will as to English assets. The presumption against intestacy does not justify departing from the natural meaning of the revocation clause absent clear evidence. The 2007 will was not wholly revoked and remains operative as to English assets. The 2007 will was validly executed under s.9 Wills Act 1837.

Citation
[2023] EWCA Civ 660
Parties
Claimant / Respondent: Jaswinder Kaur Sangha; Defendant / Appellant: The Estate of Diljit Kaur Sangha (represented by the Second Defendant); Defendant / Appellant: Sundeep Singh Sangha; Defendant / Appellant: Mandi Vanderpuye; Defendant / Respondent: Harbiksun Singh Sangha; Defendant / Respondent: Jagpal Kaur Sangha
Jurisdiction
England and Wales
Judgment Date
15 June 2023
Procedural Posture
Probate Appeal / Court of Appeal (civil Division) Second Appeal From High Court
Outcome
Appeal allowed. High Court decision reversed.
Legal Topics
Revocation of Wills, Due Execution of Wills, Construction of Wills, Intestacy, Cross Border Succession
Wills and Probate Private International Law Revocation of Wills Due Execution of Wills Construction of Wills Intestacy Cross Border Succession

Case Brief

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Parties

Jaswinder Kaur Sangha

Claimant / Respondent

The Estate of Diljit Kaur Sangha (represented by the Second Defendant)

Defendant / Appellant

Sundeep Singh Sangha

Defendant / Appellant

Mandi Vanderpuye

Defendant / Appellant

Harbiksun Singh Sangha

Defendant / Respondent

Jagpal Kaur Sangha

Defendant / Respondent

Procedural Posture

Probate Appeal / Court of Appeal (civil Division) Second Appeal From High Court

Legal Issues

  1. 1 Whether the 2016 will wholly revoked the 2007 will or only as to Indian assets
  2. 2 Whether the 2007 will was validly executed under s.9 Wills Act 1837
  3. 3 Whether the presumption against intestacy applies to construction of the revocation clause

Ratio Decidendi

The 2016 will, though containing a general revocation clause, was made in India and only disposed of Indian assets. There was no clear evidence that the testator intended to revoke the 2007 will as to English assets. The presumption against intestacy does not justify departing from the natural meaning of the revocation clause absent clear evidence. The 2007 will was not wholly revoked and remains operative as to English assets. The 2007 will was validly executed under s.9 Wills Act 1837.

Court Disposition

Appeal allowed. High Court decision reversed.

Orders

  • Declaration that the 2016 will did not wholly revoke the 2007 will; the 2007 will remains valid as to English assets.
  • Probate of the 2007 will granted to Jaswinder and Harbiksun limited to English estate.