Bodh v Boudh & Anor [2006] EWHC 2419 (Ch) (09 October 2006)

Bodh v Boudh & Anor [2006] EWHC 2419 (Ch) (09 October 2006)

The court found that the one page will dated 16 November 2000 was duly executed by the Deceased with knowledge and approval of its contents. The evidence did not support a finding of conspiracy or forgery in relation to the one page will, and the suspicious circumstances were not sufficient to rebut its validity. The three page will was found to be a forgery. The Claimant is entitled to relief, including revocation of the earlier probate and grant of probate of the one page will.

Citation
[2006] EWHC 2419 (Ch)
Parties
Claimant: Abhaya Kumar Bodh; First Defendant: Charan Dass Boudh; Second Defendant: Vijay Kumar Boudh
Jurisdiction
England and Wales
Judgment Date
09 October 2006
Procedural Posture
Probate Claim / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Validity of Wills, Due Execution of Wills, Knowledge and Approval, Forgery of Testamentary Documents, Revocation of Probate
Wills and Probate Civil Procedure Validity of Wills Due Execution of Wills Knowledge and Approval Forgery of Testamentary Documents Revocation of Probate

Case Brief

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Parties

Abhaya Kumar Bodh

Claimant

Charan Dass Boudh

First Defendant

Vijay Kumar Boudh

Second Defendant

Procedural Posture

Probate Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the one page will dated 16 November 2000 was duly executed by the Deceased
  2. 2 Whether the Deceased knew and approved the contents of the one page will
  3. 3 Whether the presumption of validity applies or is rebutted by suspicious circumstances

Ratio Decidendi

The court found that the one page will dated 16 November 2000 was duly executed by the Deceased with knowledge and approval of its contents. The evidence did not support a finding of conspiracy or forgery in relation to the one page will, and the suspicious circumstances were not sufficient to rebut its validity. The three page will was found to be a forgery. The Claimant is entitled to relief, including revocation of the earlier probate and grant of probate of the one page will.

Court Disposition

Claim allowed

Orders

  • Declaration that the one page will dated 16 November 2000 is the last true will of the Deceased
  • Revocation of probate granted on the will dated 8 March 2000