Kassim v Saeed [2019] EWHC 2763 (Ch) (06 September 2019)

Kassim v Saeed [2019] EWHC 2763 (Ch) (06 September 2019)

The defendant failed to discharge the burden of proving, on the balance of probabilities, that the deceased knew and approved the contents of the 2012 will. The evidence did not satisfactorily establish that the will was brought home to the deceased, given his illiteracy and lack of understanding of English. The...

Source-derived case information.

Citation
[2019] EWHC 2763 (Ch)
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 Claim / Trial Judgment
Outcome
2012 will invalidated for want of knowledge and approval; 1997 will propounded.
Legal Topics
Knowledge and Approval of Will, Testamentary Capacity, Revocation of Probate, Intestacy, Burden of Proof
Probate Trusts Property Knowledge and Approval of Will Testamentary Capacity Revocation of Probate Intestacy Burden of Proof

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Parties

Ms Nuha Abdulla Nagi Kassim & 13 Others

Claimant

Mrs Iman Ahmed Abadi Saeed

Defendant

Procedural Posture

Contentious Probate Claim / Trial Judgment

Legal Issues

  1. 1 Whether the deceased knew and approved the contents of the 2012 will
  2. 2 Whether the 2012 will should be revoked for want of knowledge and approval
  3. 3 Whether the 1997 will should be propounded

Ratio Decidendi

The defendant failed to discharge the burden of proving, on the balance of probabilities, that the deceased knew and approved the contents of the 2012 will. The evidence did not satisfactorily establish that the will was brought home to the deceased, given his illiteracy and lack of understanding of English. The 2012 will is invalid for want of knowledge and approval.

Court Disposition

2012 will invalidated for want of knowledge and approval; 1997 will propounded.

Orders

  • Revocation of grant of probate for 2012 will
  • Grant of probate for 1997 will in solemn form