Gohil v Gohil [2024] EWHC 213 (Ch) (02 February 2024)

Gohil v Gohil [2024] EWHC 213 (Ch) (02 February 2024)

The Defendant has no real prospect of successfully defending the claim regarding the validity of the Will, nor succeeding on the counterclaim for revocation of the Will on grounds of undue influence, fraud, or calumny. The Will was duly executed, the Deceased had testamentary capacity, knowledge and approval, and acted rationally given estrangement from Defendant and family. Summary judgment is granted for the Claimant on these issues.

Citation
[2024] EWHC 213 (Ch)
Parties
Claimant: Varsha Gohil; Defendant: Kamla Gohil
Jurisdiction
England and Wales
Judgment Date
02 February 2024
Procedural Posture
Probate Claim / Summary Judgment Application and Strike Out
Outcome
Summary judgment granted for Claimant; Defence and Counterclaim struck out as to Will validity and revocation. Remaining counterclaims (proprietary estoppel, equitable account, 1975 Act) to proceed to trial.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Summary Judgment, Strike Out, Executor Removal, Inheritance (provision for Family and Dependants) Act 1975, Proprietary Estoppel
Probate Trusts and Estates Civil Procedure Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Summary Judgment +4 more

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Parties

Varsha Gohil

Claimant

Kamla Gohil

Defendant

Procedural Posture

Probate Claim / Summary Judgment Application and Strike Out

Legal Issues

  1. 1 Validity of the Will dated 30 March 2009
  2. 2 Testamentary capacity of the Deceased
  3. 3 Knowledge and approval of the Will

Ratio Decidendi

The Defendant has no real prospect of successfully defending the claim regarding the validity of the Will, nor succeeding on the counterclaim for revocation of the Will on grounds of undue influence, fraud, or calumny. The Will was duly executed, the Deceased had testamentary capacity, knowledge and approval, and acted rationally given estrangement from Defendant and family. Summary judgment is granted for the Claimant on these issues.

Court Disposition

Summary judgment granted for Claimant; Defence and Counterclaim struck out as to Will validity and revocation. Remaining counterclaims (proprietary estoppel, equitable account, 1975 Act) to proceed to trial.

Orders

  • Pronounce for the force and validity of the Will dated 30 March 2009 as the last will and testament of the Deceased.
  • Reverse summary judgment granted in favour of Claimant on counterclaim for revocation of Will and rescission of testamentary dispositions on grounds of undue influence, fraud, and calumny.