Ali Haider v Syed [2013] EWHC 4079 (Ch) (19 December 2013)

Ali Haider v Syed [2013] EWHC 4079 (Ch) (19 December 2013)

The court found, on the balance of probabilities and in light of all the evidence, that Naseem Syed Khan did not sign the will and that her signature was a forgery. The evidence of the attesting witnesses was implausible and unconvincing, the factual circumstances surrounding the alleged execution of the will were inconsistent with Naseem's character and prior conduct, and the expert evidence was inconclusive but did not support the will's authenticity. The claim for revocation of the grant of letters of administration failed.

Citation
[2013] EWHC 4079 (Ch)
Parties
Claimant: Syed Ali Haider; Defendant: Mehdi Hassan Syed
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Probate/contested Will / High Court Trial, Final Judgment
Outcome
Claim dismissed
Legal Topics
Forgery of Will, Burden of Proof in Civil Forgery, Testamentary Capacity, Admissibility of Video Link Evidence, Standard of Proof for Serious Allegations
Probate Wills and Estates Civil Procedure Forgery of Will Burden of Proof in Civil Forgery Testamentary Capacity Admissibility of Video Link Evidence Standard of Proof for Serious Allegations

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Parties

Syed Ali Haider

Claimant

Mehdi Hassan Syed

Defendant

Procedural Posture

Probate/contested Will / High Court Trial, Final Judgment

Legal Issues

  1. 1 Whether the signature on the disputed will is a forgery
  2. 2 Whether the will was validly executed by the testatrix

Ratio Decidendi

The court found, on the balance of probabilities and in light of all the evidence, that Naseem Syed Khan did not sign the will and that her signature was a forgery. The evidence of the attesting witnesses was implausible and unconvincing, the factual circumstances surrounding the alleged execution of the will were inconsistent with Naseem's character and prior conduct, and the expert evidence was inconclusive but did not support the will's authenticity. The claim for revocation of the grant of letters of administration failed.

Court Disposition

Claim dismissed