Patel v Patel

The court found, on the balance of probabilities, that the claimant forged the will dated 23 June 2005, based on the implausibility and inconsistency of his account, lack of independent corroboration, the influence over witnesses, and expert evidence indicating the deceased's signature predated the will and was likely written on a pre-signed blank. The claim was dismissed.

Parties: Claimant: Girish Dahyabhai Patel; Defendant: Yashwant Dahyabhai Patel
Jurisdiction: England and Wales
Judgment Date: 10 February 2017
Procedural Posture: Probate / Judgment After Trial
Outcome: Claim dismissed
Legal Topics: Forgery of Wills, Revocation of Grants, Testamentary Capacity, Knowledge and Approval, Expert Evidence in Probate

Probate Wills and Succession Fraud Forgery of Wills Revocation of Grants Testamentary Capacity Knowledge and Approval Expert Evidence in Probate

Case Brief

Summary, issues, holding and outcome

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Parties

Girish Dahyabhai Patel

Claimant

Yashwant Dahyabhai Patel

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

1 Whether the will dated 23 June 2005 was forged by the claimant
2 Whether the deceased knew and approved the contents of the will if genuine

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Probate in solemn form of the will dated 23 June 2005 is refused.
No order for revocation of the earlier grant in respect of the 1986 will.