Contested Will Dispute In Relation To Woman’s Estate

The High Court has handed down its judgment in relation to a contested Will case related to claims that a signature featured on the document in question was a forgery.

The case of Ali Haider v Syed related to a Mrs Naseem Syed Khan. Letters of administration were granted to her husband upon her death on the footing she died intestate in 2008. Her husband passed away in January 2011.

However, this was challenged by loved ones who claimed she had made a Will in Bombay nine years ago in the presence of three witnesses, when she was blind. The allegation was refuted by the defendants who contended that the signature on the document was forged.

When reviewing the case, Mr Justice Barling heard evidence and testimony from witnesses related to the alleged forgery and ultimately ruled that the story behind the proposed Will was not credible.

In his judgment, he added that he ruled “without hesitation” that the signature on the Will was forged and added he did not need to “make any specific findings as to how or when it came into existence”.

For more information on Will Disputes, contact our will disputes and contentious probate solicitors on 0345 604 4895 or visit our Contesting A Will page for more details.

Expert Opinion

This is an interesting case which, like many others, highlights why we would always urge people to ensure they both have Wills in place and regularly update them over time. <br/> <br/>"Taking the issue of the forgery out of the equation for a moment, the fact the deceased died intestate means that friends and family were left with little indication as to how her estate should be handled. <br/> <br/>"Preparing a clear concise Will with legal advice, and also then talking through the terms of the document and the decisions made with friends and family, could spare loved ones the difficulty of time-consuming and costly legal battles. <br/> <br/>"Forgery is a very serious allegation. This case demonstrates how courts carefully consider such claims by reviewing evidence and speaking to key witnesses – in order to ultimately determine the validity of such allegations. <br/> <br/>"It highlights the importance of having access to quality evidence to support such a serious claim, as a failure in this regard could impact on the case and also the question of which party pays the costs of the action. We would urge anyone with concerns over an issue like this or other matters related to Wills to seek legal advice at the earliest opportunity." Julia Burns - Associate