Fraser v Khawaja [2023] EWHC 3143 (Ch) (09 March 2023)

Fraser v Khawaja [2023] EWHC 3143 (Ch) (09 March 2023)

The will of Gerald Thomas Reading dated 8 July 2016 is invalid as it does not comply with section 9 of the Wills Act 1837; the signature is a forgery; the purported beneficiary does not exist; and the grant of probate was obtained by deception. The defendant cannot renounce his role after intermeddling and must be removed by court order.

Citation
[2023] EWHC 3143 (Ch)
Parties
Claimant: Andrew Fraser; Defendant: Abbey King Khawaja
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Probate Claim (contentious) / Trial on Written Evidence
Outcome
Claim allowed. Will pronounced against as invalid. Grant in favour of defendant revoked. Letters of administration to be granted to claimant.
Legal Topics
Forgery of Will, Validity of Will, Intestacy, Grant of Probate, Renunciation of Administrator, Knowledge and Approval, Burden of Proof in Probate
Probate Wills and Estates Civil Procedure Forgery of Will Validity of Will Intestacy Grant of Probate Renunciation of Administrator +2 more

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Andrew Fraser

Claimant

Abbey King Khawaja

Defendant

Procedural Posture

Probate Claim (contentious) / Trial on Written Evidence

Legal Issues

  1. 1 Whether the will of Gerald Thomas Reading dated 8 July 2016 is valid under section 9 of the Wills Act 1837
  2. 2 Whether the signature on the will is a forgery
  3. 3 Whether the purported beneficiary William Joseph exists

Ratio Decidendi

The will of Gerald Thomas Reading dated 8 July 2016 is invalid as it does not comply with section 9 of the Wills Act 1837; the signature is a forgery; the purported beneficiary does not exist; and the grant of probate was obtained by deception. The defendant cannot renounce his role after intermeddling and must be removed by court order.

Court Disposition

Claim allowed. Will pronounced against as invalid. Grant in favour of defendant revoked. Letters of administration to be granted to claimant.

Orders

  • Pronounce against the will of Gerald Thomas Reading dated 8 July 2016 as invalid.
  • Revoke the limited grant made in favour of Abbey King Khawaja.