Varsha Gohil v Kamla Gohil

Varsha Gohil v Kamla Gohil

The Defendant's Defence and Counterclaim raise no real prospect of success and are speculative, unparticularised, and unsupported by evidence. The Will was duly executed, the Deceased had testamentary capacity, knowledge and approval, and there is no evidence of undue influence, fraud or calumny. Summary judgment is granted for the Claimant on the validity of the Will and against the Defendant's counterclaim for revocation of the Will.

Parties
Claimant: Varsha Gohil; Defendant: Kamla Gohil
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate / Summary Judgment/strike Out Application
Outcome
Summary judgment granted for the Claimant on the validity of the Will; reverse summary judgment on the Defendant's counterclaim for revocation of the Will; balance of counterclaims to proceed to trial.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Summary Judgment, Strike Out, Proprietary Estoppel, Inheritance (provision for Family and Dependants) Act 1975
Probate Wills and Succession Civil Procedure Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Summary Judgment +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Varsha Gohil

Claimant

Kamla Gohil

Defendant

Procedural Posture

Probate / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the Deceased's Will dated 30 March 2009 is valid and should be pronounced for
  2. 2 Whether the Defendant's Defence and Counterclaim disclose any real prospect of success or reasonable cause of action
  3. 3 Whether there is evidence of lack of testamentary capacity, want of knowledge and approval, undue influence, fraud or calumny

Ratio Decidendi

The Defendant's Defence and Counterclaim raise no real prospect of success and are speculative, unparticularised, and unsupported by evidence. The Will was duly executed, the Deceased had testamentary capacity, knowledge and approval, and there is no evidence of undue influence, fraud or calumny. Summary judgment is granted for the Claimant on the validity of the Will and against the Defendant's counterclaim for revocation of the Will.

Court Disposition

Summary judgment granted for the Claimant on the validity of the Will; reverse summary judgment on the Defendant's counterclaim for revocation of the Will; balance of counterclaims to proceed to trial.

Orders

  • The Will of Babulal Ramji Gohil dated 30 March 2009 is pronounced for as valid and the last will and testament of the Deceased.
  • Summary judgment for the Claimant on the Defendant's counterclaim for revocation of the Will and recission of testamentary dispositions on grounds of undue influence, fraud and calumny.