Biria v Biria & Ors [2024] EWHC 121 (Ch) (09 February 2024)

Biria v Biria & Ors [2024] EWHC 121 (Ch) (09 February 2024)

The will executed by Abdul Razagh Biria on 1 May 2020 is invalid because, on the balance of probabilities, Mr Biria lacked testamentary capacity at the time of execution. This is established by the expert evidence of Dr Barker, whose assessment (three months after execution) and review of medical records demonstrated that Mr Biria, by reason of dementia, was unable to understand the extent of his estate or the moral claims of potential beneficiaries. There is no credible evidence to the contrary. The will is therefore ineffective.

Citation
[2024] EWHC 121 (Ch)
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
09 February 2024
Procedural Posture
Probate Claim (challenge to Validity of Will) / Judgment After Trial (undefended, Oral Evidence Heard)
Outcome
Claim allowed; the will of 1 May 2020 declared invalid for want of testamentary capacity.
Legal Topics
Testamentary Capacity, Undue Influence, Fraudulent Calumny, Knowledge and Approval, Banks V Goodfellow Test, Court of Protection Proceedings
Probate Wills and Estates Mental Capacity Testamentary Capacity Undue Influence Fraudulent Calumny Knowledge and Approval Banks V Goodfellow Test +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 Claim (challenge to Validity of Will) / Judgment After Trial (undefended, Oral Evidence Heard)

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, on the balance of probabilities, Mr Biria lacked testamentary capacity at the time of execution. This is established by the expert evidence of Dr Barker, whose assessment (three months after execution) and review of medical records demonstrated that Mr Biria, by reason of dementia, was unable to understand the extent of his estate or the moral claims of potential beneficiaries. There is no credible evidence to the contrary. The will is therefore ineffective.

Court Disposition

Claim allowed; the will of 1 May 2020 declared invalid for want of testamentary capacity.

Orders

  • The will executed by Abdul Razagh Biria on 1 May 2020 is declared invalid and ineffective as a will.
  • Costs and further directions to be determined.