Rehman v Hamid [2019] EWHC 3692 (Ch) (18 September 2019)

Rehman v Hamid [2019] EWHC 3692 (Ch) (18 September 2019)

Pakistan is clearly or distinctly the more appropriate forum for the determination of the validity of the 2017 will, as the deceased was domiciled in Pakistan at the time of execution and death, the majority of witnesses and beneficiaries are in Pakistan, and the principal issues concern events and persons located in Pakistan. The claimant failed to discharge the burden of proving that justice would not be available in Pakistan.

Citation
[2019] EWHC 3692 (Ch)
Parties
Claimant: Rehman; Defendant: Hamid
Jurisdiction
England and Wales
Judgment Date
18 September 2019
Procedural Posture
Contentious Probate Claim / Application for Stay of English Proceedings Pending Determination of Will Validity in Pakistan
Outcome
Stay granted
Legal Topics
Forum Non Conveniens, Domicile, Validity of Wills, Testamentary Capacity, Probate Procedure
Private International Law Probate Conflict of Laws Forum Non Conveniens Domicile Validity of Wills Testamentary Capacity Probate Procedure

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Parties

Rehman

Claimant

Hamid

Defendant

Procedural Posture

Contentious Probate Claim / Application for Stay of English Proceedings Pending Determination of Will Validity in Pakistan

Legal Issues

  1. 1 Whether the English proceedings concerning the validity of the 2017 will should be stayed in favour of proceedings in Pakistan
  2. 2 Whether Pakistan or England is the appropriate forum for the dispute
  3. 3 Whether the deceased was domiciled in Pakistan or England at the time of death

Ratio Decidendi

Pakistan is clearly or distinctly the more appropriate forum for the determination of the validity of the 2017 will, as the deceased was domiciled in Pakistan at the time of execution and death, the majority of witnesses and beneficiaries are in Pakistan, and the principal issues concern events and persons located in Pakistan. The claimant failed to discharge the burden of proving that justice would not be available in Pakistan.

Court Disposition

Stay granted

Orders

  • English proceedings concerning the validity of the 2017 will are stayed pending determination of that issue in the proceedings in Pakistan