Ali Biria v Hamid Biria & Ors

Ali Biria v Hamid Biria & Ors

The will executed by Abdul Razagh Biria on 1 May 2020 is invalid because, at the time of execution, he lacked testamentary capacity due to dementia, did not know or approve the contents of the will, and the will was procured by the undue influence of Hamid and Nasrin Biria. There was no evidence to support the claim of fraudulent calumny.

Parties
Claimant: Ali Biria; Defendant: Hamid Biria; Defendant: Nasrin Biria; Defendant: Hamideh Biria; Defendant: Mansour Biria; Defendant: Mohammad Biria; Defendant: Farideh Biria; Defendant: Douglas Scott
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate/contested Will / Judgment After Trial (uncontested by Defendants)
Outcome
Will declared invalid for lack of capacity, want of knowledge and approval, and undue influence. Claim succeeded.
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval, Fraudulent Calumny, Court of Protection, Will Validity
Probate Trusts and Estates Mental Capacity Testamentary Capacity Undue Influence Knowledge and Approval Fraudulent Calumny Court of Protection +1 more

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Parties

Ali Biria

Claimant

Hamid Biria

Defendant

Nasrin Biria

Defendant

Hamideh Biria

Defendant

Mansour Biria

Defendant

Mohammad Biria

Defendant

Farideh Biria

Defendant

Douglas Scott

Defendant

Procedural Posture

Probate/contested Will / Judgment After Trial (uncontested by Defendants)

Legal Issues

  1. 1 Whether the will executed by Abdul Razagh Biria on 1 May 2020 was valid
  2. 2 Whether Mr Biria had testamentary capacity at the time of execution
  3. 3 Whether the will was executed with knowledge and approval

Ratio Decidendi

The will executed by Abdul Razagh Biria on 1 May 2020 is invalid because, at the time of execution, he lacked testamentary capacity due to dementia, did not know or approve the contents of the will, and the will was procured by the undue influence of Hamid and Nasrin Biria. There was no evidence to support the claim of fraudulent calumny.

Court Disposition

Will declared invalid for lack of capacity, want of knowledge and approval, and undue influence. Claim succeeded.

Orders

  • Declaration that the will executed by Abdul Razagh Biria on 1 May 2020 is invalid and of no effect.
  • Directions for consequential orders and administration of the estate as appropriate.