Ali Haider v Syed

Ali Haider v Syed

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 documentary and circumstantial evidence contradicted the Claimant's case, and the expert evidence was inconclusive. Therefore, the claim for revocation of the grant of letters of administration failed.

Parties
Claimant: Syed Ali Haider; Defendant: Mehdi Hassan Syed
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Probate/contentious Will / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Forgery of Will, Revocation of Grant of Letters of Administration, Burden of Proof in Forgery, Use of Video Link Evidence, Expert Handwriting Evidence
Probate Succession Civil Procedure Forgery of Will Revocation of Grant of Letters of Administration Burden of Proof in Forgery Use of Video Link Evidence Expert Handwriting Evidence

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Parties

Syed Ali Haider

Claimant

Mehdi Hassan Syed

Defendant

Procedural Posture

Probate/contentious Will / Judgment After Trial

Legal Issues

  1. 1 Whether the signature on the will of Mrs Naseem Syed Khan is a forgery
  2. 2 Whether the grant of letters of administration to Mr Khan should be revoked

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 documentary and circumstantial evidence contradicted the Claimant's case, and the expert evidence was inconclusive. Therefore, the claim for revocation of the grant of letters of administration failed.

Court Disposition

Claim dismissed