Abdelnoor & Anor v Barker& Ors [2022] EWHC 1468 (Ch) (14 June 2022)

Abdelnoor & Anor v Barker& Ors [2022] EWHC 1468 (Ch) (14 June 2022)

The 2018 Will was validly executed, Pamela knew and approved its contents, and there was no evidence of undue influence. The evidence of the will drafter, Ms Braddel, was decisive, showing Pamela understood the changes and their effect. The claimants discharged the burden of proof for knowledge and approval; Elten failed to prove undue influence.

Citation
[2022] EWHC 1468 (Ch)
Parties
Claimant: Ramzy Edmund Jason Abdelnoor; Claimant: Gillian Nellie Stella Gibson; Defendant: Elten Herbert Barker; Defendant: Shelley Barker; Defendant: Sarah Brown; Defendant: Daniel Abdelnoor; Defendant: Rebecca Brown; Defendant: Benjamin Abdelnoor; Defendant: Nicholas Gibson; Defendant: Amy Doust; Defendant: Alexander Gibson; Defendant: Elanor Caunt; Defendant: Anna Abdelnoor; Defendant: Adam Abdelnoor; Defendant: Fabiola Kasume; Defendant: Sallyann Brodie
Jurisdiction
England and Wales
Judgment Date
14 June 2022
Procedural Posture
Probate / Trial Judgment
Outcome
Claim for validity of the 2018 Will allowed; counterclaim dismissed.
Legal Topics
Validity of Will, Knowledge and Approval, Undue Influence
Probate Wills Trusts Validity of Will Knowledge and Approval Undue Influence

Case Brief

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Parties

Ramzy Edmund Jason Abdelnoor

Claimant

Gillian Nellie Stella Gibson

Claimant

Elten Herbert Barker

Defendant

Shelley Barker

Defendant

Sarah Brown

Defendant

Daniel Abdelnoor

Defendant

Rebecca Brown

Defendant

Benjamin Abdelnoor

Defendant

Nicholas Gibson

Defendant

Amy Doust

Defendant

Alexander Gibson

Defendant

Elanor Caunt

Defendant

Anna Abdelnoor

Defendant

Adam Abdelnoor

Defendant

Fabiola Kasume

Defendant

Sallyann Brodie

Defendant

Procedural Posture

Probate / Trial Judgment

Legal Issues

  1. 1 Whether the 2018 Will of Pamela Mavis Anne Abdelnoor is valid
  2. 2 Whether Pamela knew and approved the contents of the 2018 Will
  3. 3 Whether the 2018 Will was procured by undue influence

Ratio Decidendi

The 2018 Will was validly executed, Pamela knew and approved its contents, and there was no evidence of undue influence. The evidence of the will drafter, Ms Braddel, was decisive, showing Pamela understood the changes and their effect. The claimants discharged the burden of proof for knowledge and approval; Elten failed to prove undue influence.

Court Disposition

Claim for validity of the 2018 Will allowed; counterclaim dismissed.

Orders

  • Court pronounces for the force and validity of the 2018 Will in solemn form.
  • Counterclaim challenging the 2018 Will dismissed.