Andrew Fraser v Abbey King Khawaja

Andrew Fraser v Abbey King Khawaja

The will does not comply with section 9 of the Wills Act 1837; the signature is not that of the deceased; there is no evidence of the existence of the beneficiary or attesting witnesses; the will is a forgery and invalid; the defendant cannot renounce his position after intermeddling; the estate falls to be administered on intestacy.

Parties
Claimant: Andrew Fraser; Defendant: Abbey King Khawaja
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Probate / Trial Judgment
Outcome
Claim allowed; will declared invalid; grant revoked; letters of administration to claimant
Legal Topics
Forgery of Will, Intestacy, Letters of Administration, Evidential Burden in Probate, Renunciation of Administrator
Probate Wills and Succession Civil Procedure Forgery of Will Intestacy Letters of Administration Evidential Burden in Probate Renunciation of Administrator

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Parties

Andrew Fraser

Claimant

Abbey King Khawaja

Defendant

Procedural Posture

Probate / Trial Judgment

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 defendant can renounce his position as administrator after intermeddling

Ratio Decidendi

The will does not comply with section 9 of the Wills Act 1837; the signature is not that of the deceased; there is no evidence of the existence of the beneficiary or attesting witnesses; the will is a forgery and invalid; the defendant cannot renounce his position after intermeddling; the estate falls to be administered on intestacy.

Court Disposition

Claim allowed; will declared invalid; grant revoked; letters of administration to claimant

Orders

  • Pronouncement against the will of 8 July 2016 as invalid
  • Revocation of the limited grant made in favour of the defendant