Kassim v Saeed

Kassim v Saeed

The court found, on the balance of probabilities, that the deceased's knowledge and understanding of English was sufficient to enable him to converse with the solicitor, give instructions, and understand the will. The solicitor read the will back to the deceased and ensured he understood and agreed to its contents. The defendant discharged the burden of proving knowledge and approval. The 2012 will is valid and the grant of probate stands.

Parties
Claimant: Ms Nuha Abdulla Nagi Kassim & 13 Others; Defendant: Mrs Iman Ahmed Abadi Saeed
Jurisdiction
England and Wales
Judgment Date
06 September 2019
Procedural Posture
Contentious Probate / Trial Judgment
Outcome
Claim dismissed; 2012 will upheld; probate grant stands; declaration of validity in solemn form granted.
Legal Topics
Knowledge and Approval of Will, Testamentary Capacity, Revocation of Grant of Probate, Intestacy, Mirror Wills
Succession Law Probate Knowledge and Approval of Will Testamentary Capacity Revocation of Grant of Probate Intestacy Mirror Wills

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Parties

Ms Nuha Abdulla Nagi Kassim & 13 Others

Claimant

Mrs Iman Ahmed Abadi Saeed

Defendant

Procedural Posture

Contentious Probate / Trial Judgment

Legal Issues

  1. 1 Whether the deceased knew and approved the contents of the 2012 will
  2. 2 Whether the 2012 will is valid or should be revoked for want of knowledge and approval

Ratio Decidendi

The court found, on the balance of probabilities, that the deceased's knowledge and understanding of English was sufficient to enable him to converse with the solicitor, give instructions, and understand the will. The solicitor read the will back to the deceased and ensured he understood and agreed to its contents. The defendant discharged the burden of proving knowledge and approval. The 2012 will is valid and the grant of probate stands.

Court Disposition

Claim dismissed; 2012 will upheld; probate grant stands; declaration of validity in solemn form granted.

Orders

  • Claim dismissed
  • Existing grant of probate in common form stands