Bodh v Boudh & Anor

Bodh v Boudh & Anor

The court found that the one page will dated 16th November 2000 was duly executed by the Deceased with knowledge and approval of its contents, and that the three page will was a forgery. The presumption of validity was rebutted but sufficient evidence established the authenticity and intent behind the one page will.

Parties
Claimant: Abhaya Kumar Bodh; Defendant: Charan Dass Boudh; Defendant: Vijay Kumar Boudh
Jurisdiction
England and Wales
Judgment Date
09 October 2006
Procedural Posture
Probate / Judgment
Outcome
Claimant's action succeeds
Legal Topics
Will Validity, Forgery, Revocation of Probate, Testamentary Capacity
Succession Probate Will Validity Forgery Revocation of Probate Testamentary Capacity

Case Brief

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Parties

Abhaya Kumar Bodh

Claimant

Charan Dass Boudh

Defendant

Vijay Kumar Boudh

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the one page will dated 16th 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 three page will was a forgery

Ratio Decidendi

The court found that the one page will dated 16th November 2000 was duly executed by the Deceased with knowledge and approval of its contents, and that the three page will was a forgery. The presumption of validity was rebutted but sufficient evidence established the authenticity and intent behind the one page will.

Court Disposition

Claimant's action succeeds

Orders

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