Jaswinder Kaur Sangha v The Estate of Diljit Kaur Sangha & Ors

Jaswinder Kaur Sangha v The Estate of Diljit Kaur Sangha & Ors

The 2016 will contained a general revocation clause which, on its natural meaning and in the absence of clear evidence to the contrary, revoked all previous wills including the 2007 will. The presumption against intestacy was insufficient to displace the clear revocation. The appeal was allowed, restoring the Deputy Master’s order that the 2007 will was wholly revoked.

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
11 September 2024
Procedural Posture
Probate / Appeal / Second Appeal to Court of Appeal From High Court
Outcome
Appeal allowed. Deputy Judge’s order set aside. Deputy Master’s order restored.
Legal Topics
Revocation of Wills, Due Execution of Wills, Partial Intestacy, Construction of Wills, Cross Border Estates
Succession Law Probate Private International Law Revocation of Wills Due Execution of Wills Partial Intestacy Construction of Wills Cross Border Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 / Second Appeal to Court of 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 limit the revocation clause

Ratio Decidendi

The 2016 will contained a general revocation clause which, on its natural meaning and in the absence of clear evidence to the contrary, revoked all previous wills including the 2007 will. The presumption against intestacy was insufficient to displace the clear revocation. The appeal was allowed, restoring the Deputy Master’s order that the 2007 will was wholly revoked.

Court Disposition

Appeal allowed. Deputy Judge’s order set aside. Deputy Master’s order restored.

Orders

  • Declaration that the 2007 will was wholly revoked by the 2016 will.
  • No grant of probate for the 2007 will.