Nadeem-Ul Casim Haq and others against Graham Pattinson Irvine and others (Court of Session) [2026] CSOH 45 (08 May 2026)

Nadeem-Ul Casim Haq and others against Graham Pattinson Irvine and others (Court of Session) [2026] CSOH 45 (08 May 2026)

The court found that Abdul Haq was mentally capable, understood the implications of his will, and acted independently when instructing solicitors. There was no credible evidence of undue influence or facility and circumvention by Samina. The will was prepared and executed with independent legal advice, and the process was not tainted by improper pressure. The pursuers failed to discharge the burden of proof required to reduce the will.

Citation
[2026] CSOH 45
Parties
Pursuer: Nadeem-Ul Casim Haq; Pursuer: Mohammed Nawaz Haq; Pursuer: Kashif Haq; Pursuer: Sabrina Haq; Defender: Graham Pattinson Irvine; Defender: Carmen Elizabeth Maciver; Defender: Samina Kausar Haq
Jurisdiction
Scotland
Judgment Date
08 May 2026
Procedural Posture
Civil Will Challenge / Proof Before Answer (trial on Evidence)
Outcome
Action dismissed
Legal Topics
Undue Influence, Facility and Circumvention, Testamentary Capacity, Will Reduction, Independent Legal Advice
Succession Law Civil Procedure Undue Influence Facility and Circumvention Testamentary Capacity Will Reduction Independent Legal Advice

Case Brief

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Parties

Nadeem-Ul Casim Haq

Pursuer

Mohammed Nawaz Haq

Pursuer

Kashif Haq

Pursuer

Sabrina Haq

Pursuer

Graham Pattinson Irvine

Defender

Carmen Elizabeth Maciver

Defender

Samina Kausar Haq

Defender

Procedural Posture

Civil Will Challenge / Proof Before Answer (trial on Evidence)

Legal Issues

  1. 1 Whether the will of Abdul Haq dated 11 February 2022 should be reduced on grounds of undue influence and/or facility and circumvention
  2. 2 Whether Abdul Haq was subject to undue influence by Samina Kausar Haq
  3. 3 Whether Abdul Haq was facile and subject to circumvention at the time of making the will

Ratio Decidendi

The court found that Abdul Haq was mentally capable, understood the implications of his will, and acted independently when instructing solicitors. There was no credible evidence of undue influence or facility and circumvention by Samina. The will was prepared and executed with independent legal advice, and the process was not tainted by improper pressure. The pursuers failed to discharge the burden of proof required to reduce the will.

Court Disposition

Action dismissed

Orders

  • The pursuers' action for reduction of the will is refused.
  • The will of Abdul Haq dated 11 February 2022 stands as valid and operative.