JASWINDER KAUR SANGHA v THE ESTATE OF DILJIT KAUR SANGHA & Ors

JASWINDER KAUR SANGHA v THE ESTATE OF DILJIT KAUR SANGHA & Ors

The 2016 will, being confined to Indian property and made in India, did not revoke the 2007 will as to English property. The 2007 will and the 2016 will must be read together. The 2007 will was validly executed under English law as the requirements of s.9 of the Wills Act 1837 were met on the balance of probabilities.

Parties
Appellant: Jaswinder Kaur Sangha; First Respondent: The Estate of Diljit Kaur Sangha; Second Respondent: Sundeep Singh Sangha; Third Respondent: Mandi Vanderpuye; Fourth Respondent: Harbiksun Singh Sangha; Fifth Respondent: Jagpal Kaur Sangha
Jurisdiction
England and Wales
Judgment Date
12 August 2022
Procedural Posture
Probate Appeal / Appeal From Order of Deputy Master
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Construction of Wills, Revocation Clauses, Intestacy, Execution of Wills, Cross Border Estates
Succession Probate Private International Law Construction of Wills Revocation Clauses Intestacy Execution of Wills Cross Border Estates

Case Brief

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Parties

Jaswinder Kaur Sangha

Appellant

The Estate of Diljit Kaur Sangha

First Respondent

Sundeep Singh Sangha

Second Respondent

Mandi Vanderpuye

Third Respondent

Harbiksun Singh Sangha

Fourth Respondent

Jagpal Kaur Sangha

Fifth Respondent

Procedural Posture

Probate Appeal / Appeal From Order of Deputy Master

Legal Issues

  1. 1 Whether the 2016 will revoked the 2007 will in its entirety or only as to Indian property
  2. 2 Whether the 2007 will was validly executed under English law

Ratio Decidendi

The 2016 will, being confined to Indian property and made in India, did not revoke the 2007 will as to English property. The 2007 will and the 2016 will must be read together. The 2007 will was validly executed under English law as the requirements of s.9 of the Wills Act 1837 were met on the balance of probabilities.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • The 2016 will did not revoke the 2007 will as to English property.
  • The 2007 and 2016 wills together constitute the testator's will.