Mary May & Ors v Timothy Stuart Middlemas & Anor
[2024] EWHC 2761 (Ch)
Andrew Fraser v Abbey King Khawaja
9 March 2023
[2023] EWHC 3143 (Ch)
High Court
Someone tried to fake a will to get a dead man's money. A judge figured out it was fake because of a handwriting expert and some suspicious things the person who got the probate did. The fake will was thrown out, and the police are investigating.
Key Facts
- •Andrew Fraser (claimant), a partner in Fraser & Fraser and attorney for Andrew Vallendar, is one of four surviving family members of Gerald Thomas Reading (deceased).
- •The deceased died on 6 February 2021.
- •A purported will dated 8 July 2016 leaves the deceased's estate to a William Joseph, whose existence cannot be verified.
- •Abbey King Khawaja (defendant) obtained a grant of probate based on the purported will and a power of attorney from the alleged William Joseph.
- •The defendant attempted to sell the deceased's property, valued at approximately £780,000, despite stating a value of £305,000 in probate documents.
- •The claimant challenges the will's authenticity and seeks revocation of the grant of probate.
- •The defendant, initially appointed to represent Mr. Joseph, has not actively participated in the proceedings and attempted to withdraw, without proper process.
Legal Principles
Validity of a will under Section 9 of the Wills Act 1837.
Wills Act 1837, Section 9
Evidential burden in will cases where forgery is alleged; presumption of due execution is displaced by sufficient evidence.
Face v Cunningham [2020] EWHC 3119 (Ch)
Test for knowledge and approval in will cases; testator must understand and approve the actual effect of the will.
Theobold on Wills (19th Ed.), paragraph 4-042; Hoff & Ors v Atherton [2004] EWCA Civ 1554; Gill v Woodall [2010] EWCA Civ 1430
Renunciation of an executor's role; must be absolute, unconditional, and cannot occur after taking a grant or intermeddling.
Williams, Mortimer and Sunnucks, Executors, Administrators and Probate (21st Ed.), paragraphs 6-50, 6-58
Outcomes
The will is declared invalid.
The court found the deceased's signature on the will to be a forgery based on expert evidence. Further, the court considered the lack of evidence supporting the existence of the beneficiary (William Joseph), the attesting witnesses, and suspicious conduct by the defendant.
The grant of probate is revoked.
The grant was based on an invalid will.
The matter is referred to the police for investigation.
The court deemed the circumstances surrounding the creation and execution of the will to constitute an attempt at fraud.