A Successful Challenge To A Will On Grounds Of Forgery – Khatun V Hasan And Another (2025)
A will is presumed valid if properly prepared and executed (under s9 of the Wills Act 1837) unless someone can successfully bring a challenge on grounds such as:
- Lack of testamentary capacity
- Undue Influence
- Forgery and fraud
Whilst the first two grounds are evidentially harder, the burden to prove the third ground is higher.
A recent case explores how a claimant can overcome the hurdles required for a successful challenge.
The Facts
This case was about the estate of Mr Monir Jama Shaikh (who was himself a lawyer) who died on 7 April 2020 having purported to have made a will on 19 September 2019.
The will left everything to Mr Hasan, the First Defendant. The Claimant, Ms Khatun, who was the sole child of the deceased issued a claim in the High Court in March 2021.
The Second Defendant was a long-term friend of the deceased (a former lawyer) and appointed as the sole executor under the will, to which he was one of the two witnesses.
Trial took place over 5 days between December 2024 and January 2025. Judgment was handed down on 1 July 2025.
There were a number of procedure deficiencies which the court highlighted including failure to seek permission to call expert for oral cross examination or provide the handwriting expert with the original of the will.
The Decision
The court found the following unusual/unexplained matters:
- There were no documentary records whatsoever relating to the execution of the will.
- No reason had been suggested why Mr Shaikh would draft the will himself and entrust the holding of the original of the disputed will to Mr Pathania, when he had entrusted all his legal work to J Stifford solicitors.
- Mr Hasan was unaware that a will had been executed leaving him all of the estate.
- A number of discrepancies on timings in the evidence for the Defendants.
- The will referred to properties held by Mr Shaikh in Pakistan, when there was no evidence that he held any properties in Pakistan, and Mr Khatun’s evidence was that he never had.
The above was enough to arouse suspicions of the authenticity of the will so that the burden now fell on the Defendants to prove on a balance of probabilities that the will was genuine.
The court was not convinced that the First Defendant had shown there was a close personal relationship with the deceased to have justified leaving him everything in his estate. The court felt that there was not enough evidence to conclusively decide whether the Claimant was estranged from her father, but in any event, this was not a determinative factor to explain why he could completely cut her out of his estate.
The judge decided that
The most likely answer is that the Disputed Will was not written by him, or at his direction, or with his knowledge.
Whilst there was evidence from a handwriting expert that the signature was not that of the deceased, the judge said this was not determinative given he had already decided the case on witness evidence. But the expert evidence does not
causes me to revisit or doubt my earlier findings and rulings; if anything, though at most, I draw reassurance from the fact that the conclusion I have reached is consistent (albeit reached by a process of assessing a different pool of evidence) with the conclusion reached by Dr Myers
Final Words
There has been a growing trend of courts to rely much more heavily on witness evidence than expert evidence, so it is important to obtain these and get them in order before pursuing a challenge in the courts.
It is important to ensure that wills are properly drafted to weather any challenge to its validity and whilst it is not essential, it is always advisable to have this done by a solicitor as they will have documentary and corroborative evidence which would be vital in any litigation.
If you have concerns about the validity of a will or believe a loved one’s estate may have been affected by forgery, undue influence, or lack of capacity, seeking early legal advice is crucial. The specialist contentious probate team has extensive experience in challenging and defending wills and can guide you through the complexities of probate disputes. Get in touch with our team to discuss your situation in confidence. Call 0330 822 3451 or request a callback.