Rehman v Hamid

Rehman v Hamid

Pakistan is clearly or distinctly the more appropriate forum for the trial of the dispute concerning the validity of the 2017 will. The deceased's domicile at the time of the will and at death was Pakistan, the majority of beneficiaries and material witnesses are in Pakistan, the Pakistan court was first seized, and there is no cogent evidence that substantial justice would not be available in Pakistan. The English proceedings are stayed pending determination of the issue in Pakistan.

Parties
Claimant: Rehman; Defendant: Hamid
Jurisdiction
England and Wales
Judgment Date
18 September 2019
Procedural Posture
Contentious Probate / Application for Stay of Proceedings
Outcome
Stay of English proceedings granted
Legal Topics
Forum Non Conveniens, Domicile, Validity of Wills, Stay of Proceedings
Probate Conflict of Laws Civil Procedure Forum Non Conveniens Domicile Validity of Wills Stay of Proceedings

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Parties

Rehman

Claimant

Hamid

Defendant

Procedural Posture

Contentious Probate / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the English proceedings should be stayed pending determination of will validity proceedings in Pakistan
  2. 2 Whether Pakistan or England is the appropriate forum for the dispute
  3. 3 Whether the deceased acquired a domicile of choice in England or remained domiciled in Pakistan

Ratio Decidendi

Pakistan is clearly or distinctly the more appropriate forum for the trial of the dispute concerning the validity of the 2017 will. The deceased's domicile at the time of the will and at death was Pakistan, the majority of beneficiaries and material witnesses are in Pakistan, the Pakistan court was first seized, and there is no cogent evidence that substantial justice would not be available in Pakistan. The English proceedings are stayed pending determination of the issue in Pakistan.

Court Disposition

Stay of English proceedings granted

Orders

  • The English proceedings relating to the validity of the 2017 will are stayed until determination of that issue in the proceedings in Pakistan.