Ganoun v Joshi & Anor

Ganoun v Joshi & Anor

There were no special circumstances making it necessary or expedient to appoint the mother as administrator in priority to the widow. The use of the deceased's UK name and the widow's conduct did not justify overriding the statutory priority of the spouse. However, a declaration as to the deceased's true identity and date of birth was appropriate to do justice to the mother and assist with practical matters such as visa applications.

Parties
Applicant: Kheira Ganoun; First Respondent: Khyati Joshi; Second Respondent: Barts Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 October 2020
Procedural Posture
Probate/administration of Estates / Judgment After Contested Application
Outcome
Application to appoint mother as administrator refused; declaration as to identity granted.
Legal Topics
Appointment of Administrator, Burial and Exhumation, Declarations as to Identity, Priority of Spouse in Estate Administration
Probate Family Law Appointment of Administrator Burial and Exhumation Declarations as to Identity Priority of Spouse in Estate Administration

Case Brief

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Parties

Kheira Ganoun

Applicant

Khyati Joshi

First Respondent

Barts Health NHS Trust

Second Respondent

Procedural Posture

Probate/administration of Estates / Judgment After Contested Application

Legal Issues

  1. 1 Whether the applicant (mother) should be appointed administrator of the deceased's estate in priority to the widow under section 116 Senior Courts Act 1981
  2. 2 Whether the court should make declarations as to the deceased's identity and whether he was buried 'decently'
  3. 3 Whether the circumstances of burial and use of the 'wrong' name constitute special circumstances justifying departure from the normal order of priority

Ratio Decidendi

There were no special circumstances making it necessary or expedient to appoint the mother as administrator in priority to the widow. The use of the deceased's UK name and the widow's conduct did not justify overriding the statutory priority of the spouse. However, a declaration as to the deceased's true identity and date of birth was appropriate to do justice to the mother and assist with practical matters such as visa applications.

Court Disposition

Application to appoint mother as administrator refused; declaration as to identity granted.

Orders

  • Declaration to be made as to the deceased's true identity and date of birth;
  • Parties to agree draft order and make submissions on costs.