Will overturned on a technicality
September 13, 2011
The Daily Mail recently ran a story about a Sikh family’s dispute over their father’s Will.
Ranjit Singh died in his 70s and left a Will stipulating that almost his entire £870,000 estate be split between his 3 sons; leaving 2 of his daughters with just £40,000 between them. A third daughter was left nothing.
As a result, his daughter Balvinder Kaur Ahluwalia felt aggrieved enough to contest the Will and take the case to court.
One son, Jarnail Singh, argued that the Will reflected Sikh tradition which allows the eldest sons to take the main role within the family and that daughters were provided for through large wedding dowries earlier in life.
However, Mr Singh’s next door neighbour Maurice Grantham who witnessed the Will testified that neither he nor the other witness were present when Mr Singh signed it. This evidence had a strong bearing on the case, as for a Will to be valid, it must be signed by the testator in the presence of two unrelated witnesses.
Due to this technicality, the Will was declared invalid by the court and as a result the estate became an intestacy (this means all six children will now inherit in equal shares).
http://www.dailymail.co.uk/news/article-2034959/Daughter-overturns-fathers-870k-leaves-vast-estate-brothers.html
Family Protection Trust
March 1, 2011
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