Selvarajah v Selvarajah & Ors.

Selvarajah v Selvarajah & Ors.

There is insufficient evidence to rebut the presumption of due execution; the Will was signed by the deceased in the presence of two attesting witnesses, who gave credible evidence; the deceased had testamentary capacity; allegations of forgery and fraud are unsupported; the grant of probate stands.

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 / Judgment After Trial
Outcome
Claim dismissed; Will upheld; grant of probate not revoked.
Legal Topics
Will Validity, Testamentary Capacity, Forgery, Attestation, Grant of Probate
Probate Trusts Property Will Validity Testamentary Capacity Forgery Attestation Grant of Probate

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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 / Judgment After Trial

Legal Issues

  1. 1 Did the deceased sign the letter dated 19th July 2016 from the Temple to Lukshan Sharvaswaran?
  2. 2 Did the deceased execute the Will on 8th August 2016 at Number 36?
  3. 3 Did the deceased execute the Will in the presence of Ms Asma Ali and Ms Allya Akram Syed and did they attest to that?

Ratio Decidendi

There is insufficient evidence to rebut the presumption of due execution; the Will was signed by the deceased in the presence of two attesting witnesses, who gave credible evidence; the deceased had testamentary capacity; allegations of forgery and fraud are unsupported; 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 was duly executed.
  • The grant of probate dated 29 December 2016 stands.