Andrew Fraser v Abbey King Khawaja
[2023] EWHC 3143 (Ch)
Mary May & Ors v Timothy Stuart Middlemas & Anor
4 September 2024
[2024] EWHC 2761 (Ch)
High Court
A family challenged a will leaving a large inheritance to a friend of the deceased, claiming it was a forgery. Because the friend didn't provide evidence to defend himself and expert evidence showed likely forgery, the court decided the will was fake. The inheritance will now be split among the deceased's family.
Key Facts
- •Probate claim concerning the validity of a will dated 2 January 2020 (the Disputed Will) of Jesse Frodsham (the Deceased), who died on 3 February 2020.
- •Six claimants are cousins of the Deceased, entitled to his estate on intestacy; the sixth claimant died during proceedings, substituted by Mrs. Pauline Hill.
- •The first defendant, Mr. Timothy Stuart Middlemas, is the sole beneficiary under the Disputed Will, leaving him an estate worth £931,525.
- •Claimants allege the Disputed Will is invalid due to forgery of the Deceased's signature by Mr. Middlemas.
- •Mr. Middlemas's defence was struck out due to non-compliance with court orders.
- •The case proceeded on an undefended basis.
Legal Principles
Standard of proof in civil cases is the balance of probabilities.
Case law
While the inherent probability of an allegation should be considered, the civil standard of proof does not vary with the gravity of the alleged misconduct.
Bank St Petersburg PJSC and another v Arkhangelsky [2020] EWCA Civ 408
Court has a supervisory role in relation to wills.
Case law
A beneficiary cannot also be a witness to their own will.
Wills Act 1837, section 9 (implied)
Outcomes
The Disputed Will is declared invalid.
Expert forensic document examination revealed inconsistencies and potential forgery. Circumstantial evidence, witness testimonies, and Mr. Middlemas's failure to provide evidence supported the finding of forgery.
Grant of letters of administration will be issued on the grounds of intestacy.
The court found the will to be invalid, resulting in the estate being distributed according to the rules of intestacy.