Selvarajah v Selvarajah & Ors (Re Estate of Selvarajah Sellathurai) [2023] EWHC 474 (Ch) (10 March 2023)

Selvarajah v Selvarajah & Ors (Re Estate of Selvarajah Sellathurai) [2023] EWHC 474 (Ch) (10 March 2023)

The court found, on the balance of probabilities, that the deceased executed the will dated 8 August 2016 in the presence of two attesting witnesses, who gave credible and reliable evidence. The signature was presumed genuine based on expert evidence and corroborated witness testimony. There was no evidence of lack of testamentary capacity or fraud. The claimant failed to discharge the burden of proof required to rebut the presumption of due execution. The grant of probate stands.

Citation
[2023] EWHC 474 (Ch)
Parties
Claimant: Ms Ormila Selvarajah; Defendant: Mrs Indramathy Selvarajah; Defendant: Ms Srimila Srihari; Defendant: Dr Srikumaran Selvarajah
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Probate Dispute / Trial Judgment
Outcome
Claim dismissed; will upheld; grant of probate not revoked.
Legal Topics
Will Validity, Testamentary Capacity, Forgery, Due Execution, Estate Administration
Probate Trusts Property Will Validity Testamentary Capacity Forgery Due Execution Estate Administration

Case Brief

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Parties

Ms Ormila Selvarajah

Claimant

Mrs Indramathy Selvarajah

Defendant

Ms Srimila Srihari

Defendant

Dr Srikumaran Selvarajah

Defendant

Procedural Posture

Probate Dispute / Trial Judgment

Legal Issues

  1. 1 Whether the deceased executed the will dated 8 August 2016
  2. 2 Whether the will was executed in the presence of two witnesses
  3. 3 Whether the deceased had testamentary capacity

Ratio Decidendi

The court found, on the balance of probabilities, that the deceased executed the will dated 8 August 2016 in the presence of two attesting witnesses, who gave credible and reliable evidence. The signature was presumed genuine based on expert evidence and corroborated witness testimony. There was no evidence of lack of testamentary capacity or fraud. The claimant failed to discharge the burden of proof required to rebut the presumption of due execution. The grant of probate stands.

Court Disposition

Claim dismissed; will upheld; grant of probate not revoked.

Orders

  • The will dated 8 August 2016 is valid and stands.
  • The grant of probate dated 29 December 2016 is not revoked.