Jurisdiction(s):
United Kingdom

Setting aside a forged Will on written evidence under CPR 57.10: burden on propounder, standing/representation issues, and probate registry risks - Fraser v Khawaja (Ch), England and Wales

Published on: 29 January 2024

Published by a LexisNexis Private Client expert

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Article summary

Fraser v Khawaja [2023] EWHC 3143 (Ch) What are the practical implications of this case?

The fraud attempted, outlined below, was grave (and potentially criminal) and should be firmly on practitioners’ radar. In the author’s view, also set out below, the Will was plainly suspicious on its face and should not have been granted probate without at least some examination by the probate registry. Its admission may have resulted from the pandemic’s disruption to the workings of the probate registries and/or inadequate controls, hinting at further, as yet undetected, schemes of a similar kind affecting unclaimed estates where no-one is actively engaged. In truth, this attempt might have succeeded but for the estate being, by chance, referred to the claimant who, together with his legal team and his own firm’s skills, resources and determination, managed to identify the intestate beneficiaries and expose the fraud. Even so, it should be noted that the probate registry is unlikely to offer assistance after the event by permitting revocation via a non-contentious route, instead...

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