Varsha Gohil v Kamla Gohil
[2024] EWHC 213 (Ch)
Ali Biria v Hamid Biria & Ors
9 February 2024
[2024] EWHC 121 (Ch)
High Court
A man made a will while suffering from dementia and being manipulated by his children. A judge decided the will wasn't valid because the man didn't understand what he was signing and his kids made him do it.
Key Facts
- •Abdul Razagh Biria (Mr. Biria) died on 21 January 2022.
- •A will (the will) was purportedly executed by Mr. Biria on 1 May 2020.
- •At the time of the will's execution, Court of Protection proceedings were underway concerning Mr. Biria's capacity.
- •The Court of Protection declared Mr. Biria lacked capacity to manage his affairs.
- •The claimant, Ali Biria (Ali), challenged the will's validity, alleging lack of testamentary capacity, undue influence, and fraudulent calumny.
- •The will disinherited Ali and largely benefited Hamid and Nasrin Biria.
- •The will was prepared by an American attorney, Douglas Scott, and executed at a notary's office.
- •Substantial funds were withdrawn from Mr. Biria's Key Bank account after the will's execution.
- •The defendants did not appear or participate in the litigation.
- •Expert evidence was provided by Dr. Andrew Barker, a consultant in old age psychiatry.
Legal Principles
Testamentary capacity
Banks v Goodfellow (1870) LR 5 QB 549
Mental Capacity Act 2005
Mental Capacity Act 2005
Undue influence in wills
Edwards v Edwards [2007] All ER (D) 46 (May)
Fraudulent calumny
Edwards v Edwards [2007] All ER (D) 46 (May)
Knowledge and approval of will contents
Gill v Woodall [2011] Ch 380
Outcomes
The will is invalid.
Mr. Biria lacked testamentary capacity at the time of execution due to dementia. The will was procured by undue influence exerted by Hamid and Nasrin. The will also failed for want of knowledge and approval.