High Court Rejects Fraudulent Will in Probate Dispute
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Sophie Price
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Justice for a daughter: High Court rejects fraudulent will in probate disputes
In this recent High Court decision [Khatun v Hasan & Anor [2025] EWHC 1658 (Ch)] concerning a disputed will, the claimant successfully challenged the validity of a purported testamentary document on the grounds of fraud and improper execution. The court held that the will was not authentic and had not been executed by the deceased or under his direction. As a result, the will was set aside, and the deceased’s estate passed under the rules of intestacy to his daughter.
Background
Monir Shaikh died in April 2020, aged 64, during the early stages of the first COVID-19 lockdown. A document purporting to be his last will, dated September 2019, named Shamim Hasan—an acquaintance of the deceased—as the sole beneficiary. Mr Shaikh’s only child, Mosammat Khatun, was entirely excluded.
Probate was granted to Mr Hasan in December 2020, with a second defendant named as executor. Ms Khatun subsequently issued proceedings, asserting that the will was fraudulent and not validly executed. She contended that it was inherently improbable that her father would disinherit her entirely in favour of someone with whom he had, at most, a limited relationship.
The Claimant’s Case
Ms Khatun argued that she had no knowledge of any will and only limited awareness of Mr Hasan. She challenged the authenticity of the document, which was only available in copy form. The will appeared to be a mix of precedent clauses and bespoke additions, included several spelling mistakes, unusual phrasing, and anomalies—suggesting it had not been prepared by a legal professional.
She also raised serious concerns about inconsistencies in the evidence produced by Mr Hasan, including a letter he had sent to her solicitors in May 2020, which made reference to assets in Pakistan despite there being no evidence that Mr Shaikh owned property there.
Procedural Irregularities and Evidential Issues
Mr Hasan’s legal team sought to introduce expert evidence regarding the authenticity of the will, but failed to obtain the court’s permission in accordance with the Civil Procedure Rules. When permission was belatedly sought shortly before trial, the application was refused on the grounds that it would cause unfairness to the claimant.
Although Mr Hasan had initially suggested he held documentary evidence to support his claim, no such evidence was ultimately produced at trial. In addition, there were discrepancies between the copies of the will and the letter referenced above, and no satisfactory explanation was given for the absence of the original document.
The Court’s Findings
Given the number of inconsistencies, anomalies, and unexplained issues, the court found there were serious grounds for suspicion regarding the will’s authenticity. In those circumstances, the burden of proof lays with Mr Hasan and the co-defendant executor to prove, on the balance of probabilities, that the will was validly executed and represented the intentions of the deceased.
The court found they had failed to discharge that burden. There was no contemporaneous documentation—such as phone or computer records—to support their version of events, nor was there persuasive evidence of a close relationship between Mr Hasan and Mr Shaikh. While the nature of the father-daughter relationship was difficult to determine with certainty, there was no evidence of estrangement that might explain the decision to disinherit Ms Khatun.
The will also referred—mistakenly—to assets that the deceased did not appear to own, including properties in Pakistan. This further undermined its credibility.
An expert handwriting report, although excluded from formal reliance at trial, had concluded that the signature on the will had likely been forged by someone familiar with Mr Shaikh’s signature. While the court did not make a definitive finding of who was responsible, it concluded that Mr Shaikh had neither written nor authorised the document.
Conclusion
The court ruled that the will was not valid, and the estate would pass under the intestacy rules. Accordingly, the deceased’s daughter stood to inherit. Mr Hasan, having failed to prove the will’s authenticity, received nothing.
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At Osbornes, our experienced team of contentious probate solicitors is dedicated to protecting your rights and ensuring that justice prevails. If you have concerns about the validity of a will, it is important to seek legal advice from solicitors experienced in contentious probate at an early stage. Please contact us by:
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