RAMZY EDMUND JASON ABDELNOOR & Anor v ELTEN HERBERT BARKER & Ors

RAMZY EDMUND JASON ABDELNOOR & Anor v ELTEN HERBERT BARKER & Ors

The court found that Pamela knew and approved the contents of the 2018 Will, based on the evidence of the will drafter, Ms Braddel, who took steps to ensure Pamela understood the changes and their effect. There was no direct or indirect evidence of coercion or undue influence by Jason; the changes reflected Pamela's wishes, and the claimants discharged their burden of proof.

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 / Final Judgment
Outcome
Claim allowed; validity of the 2018 Will upheld; 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 / Final Judgment

Legal Issues

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

Ratio Decidendi

The court found that Pamela knew and approved the contents of the 2018 Will, based on the evidence of the will drafter, Ms Braddel, who took steps to ensure Pamela understood the changes and their effect. There was no direct or indirect evidence of coercion or undue influence by Jason; the changes reflected Pamela's wishes, and the claimants discharged their burden of proof.

Court Disposition

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

Orders

  • Court pronounces in favour of the validity of the 2018 Will dated 26 January 2018.
  • Counterclaim dismissed.