Bokhari v Harb & Ors [2005] EWHC 56 (Ch) (08 February 2005)

Bokhari v Harb & Ors [2005] EWHC 56 (Ch) (08 February 2005)

The court found the evidence of the Defendants and their witnesses not credible, identified significant inconsistencies and improbabilities in their accounts, and concluded that the codicil was never executed by the Testator but was fabricated by the Defendants and others after the Testator's death.

Citation
[2005] EWHC 56 (Ch)
Parties
Claimant: Iftikhar Hussain Bokhari; Defendant: Nelly Harb; Defendant: Dr Khalil Harb; Defendant: Samir Khalil Harb
Jurisdiction
England and Wales
Judgment Date
08 February 2005
Procedural Posture
Probate Action / Judgment After Trial
Outcome
Probate of the codicil refused; appointment of Mr Phillips as executor terminated.
Legal Topics
Validity of Codicil, Due Execution of Testamentary Documents, Fraudulent Destruction or Fabrication of Testamentary Documents
Probate Wills and Estates Validity of Codicil Due Execution of Testamentary Documents Fraudulent Destruction or Fabrication of Testamentary Documents

Case Brief

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Parties

Iftikhar Hussain Bokhari

Claimant

Nelly Harb

Defendant

Dr Khalil Harb

Defendant

Samir Khalil Harb

Defendant

Procedural Posture

Probate Action / Judgment After Trial

Legal Issues

  1. 1 Whether the alleged codicil dated 11 January 1990 was duly executed by the Testator in accordance with English law
  2. 2 Whether the codicil was a fabrication by the Defendants

Ratio Decidendi

The court found the evidence of the Defendants and their witnesses not credible, identified significant inconsistencies and improbabilities in their accounts, and concluded that the codicil was never executed by the Testator but was fabricated by the Defendants and others after the Testator's death.

Court Disposition

Probate of the codicil refused; appointment of Mr Phillips as executor terminated.

Orders

  • Refusal of probate of the alleged codicil dated 11 January 1990
  • Termination of appointment of Mr Phillips as executor