Ark & Ors v Kaur & Ors [2010] EWHC 2314 (Ch) (17 September 2010)

Ark & Ors v Kaur & Ors [2010] EWHC 2314 (Ch) (17 September 2010)

The will was duly executed by Tarsem Singh Ark in accordance with his instructions, with knowledge and approval of its contents, and was not procured by undue influence or coercion. The evidence of the scribe, witnesses, and registrar was accepted as truthful and reliable. The suspicions raised by the defendant were not sufficient to displace the strong evidence of due execution and knowledge and approval. The will is valid and effective to dispose of Tarsem Singh Ark's estate.

Citation
[2010] EWHC 2314 (Ch)
Parties
Claimant: Satnam Singh Ark; Claimant: Bhavan Singh Ark; Claimant: Sarban Singh Ark; Claimant: Manraaj Singh Ark; Defendant: Kulvinder Kaur; Defendant: Deljit Kaur Malhi; Defendant: Sukhvinder Kaur Sandhu
Jurisdiction
England and Wales
Judgment Date
17 September 2010
Procedural Posture
Probate / Trial Judgment
Outcome
Probate granted in solemn form to the will of Tarsem Singh Ark dated 21 November 2005.
Legal Topics
Validity of Will, Knowledge and Approval, Undue Influence, Intestacy, Testamentary Capacity
Wills and Probate Validity of Will Knowledge and Approval Undue Influence Intestacy Testamentary Capacity

Case Brief

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Parties

Satnam Singh Ark

Claimant

Bhavan Singh Ark

Claimant

Sarban Singh Ark

Claimant

Manraaj Singh Ark

Claimant

Kulvinder Kaur

Defendant

Deljit Kaur Malhi

Defendant

Sukhvinder Kaur Sandhu

Defendant

Procedural Posture

Probate / Trial Judgment

Legal Issues

  1. 1 Whether the will of Tarsem Singh Ark dated 21 November 2005 was duly executed
  2. 2 Whether Tarsem Singh Ark had knowledge and approval of the contents of the will
  3. 3 Whether the will was procured by undue influence or coercion

Ratio Decidendi

The will was duly executed by Tarsem Singh Ark in accordance with his instructions, with knowledge and approval of its contents, and was not procured by undue influence or coercion. The evidence of the scribe, witnesses, and registrar was accepted as truthful and reliable. The suspicions raised by the defendant were not sufficient to displace the strong evidence of due execution and knowledge and approval. The will is valid and effective to dispose of Tarsem Singh Ark's estate.

Court Disposition

Probate granted in solemn form to the will of Tarsem Singh Ark dated 21 November 2005.

Orders

  • Probate of the will granted to the claimants.
  • No order as to costs against the second defendant as per settlement.