Bokhari v Harb & Ors

Bokhari v Harb & Ors

The court found that the codicil was never executed by the Testator but was concocted by the Defendants, attesting witnesses, and Mr Gheath in or shortly before October 2000. The evidence of execution was not credible, and the absence of reference to the codicil by the Testator and delayed disclosure by the Defendants further undermined its authenticity.

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
Outcome
Probate of the codicil refused; appointment of Mr Phillips as executor terminated.
Legal Topics
Validity of Codicil, Execution of Testamentary Documents, Appointment of Executors
Probate Succession Validity of Codicil Execution of Testamentary Documents Appointment of Executors

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

Legal Issues

  1. 1 Whether the alleged codicil dated 11 January 1990 was duly executed by the Testator
  2. 2 Whether the codicil should be admitted to probate
  3. 3 Whether the appointment of Mr Phillips as executor should be terminated

Ratio Decidendi

The court found that the codicil was never executed by the Testator but was concocted by the Defendants, attesting witnesses, and Mr Gheath in or shortly before October 2000. The evidence of execution was not credible, and the absence of reference to the codicil by the Testator and delayed disclosure by the Defendants further undermined its authenticity.

Court Disposition

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

Orders

  • Probate of the codicil dated 11 January 1990 is refused.
  • Appointment of Mr Phillips as executor is terminated.