The Global Game of Wills: A Cross-Border Probate Battle Full of Twists

Probate disputes are always unique affairs, determined by the subtleties and intricacies of family relationships.  They can be made even more complex when there are international considerations and where evidence spanning years is at best opaque and at worst simply invented.  These are the issues we faced with a claim that went all the way to the doors of the court in the UK and to the highest court in a country in the Middle East.

When her unmarried and childless brother passed away suddenly, our client was left to deal with an Estate comprising property and interests all over the globe, including the UK.  Her brother was a British national but spent many years developing successful businesses in the Middle East where he lived on a long-term basis and where he was effectively domiciled.  When he died suddenly, it became apparent there was no existing Will in the UK or anywhere else.  Therefore, our client - as the sole sibling (their parents had pre-deceased) - was entitled to receive the entirety of his Estate under the intestacy rules.  It was a substantial Estate too given the Deceased was a successful entrepreneur with an outgoing personality and with various interests.  

But there was an issue.  The Deceased had a partner in the Middle East. The partner first claimed the Deceased had in fact prepared a Will and produced a manuscript one page note (not a Will) which was prepared by the Deceased, leaving his whole Estate to her in the event he did not survive a heart operation.  But he did survive that operation and was told by his partner she had duly thrown away the note.  But that was not the case and upon his death, she produced the note but only after having asked three of the Deceased’s associates to ‘witness’ it (six months after he had died) to make it a compliant Will.  A Will to be valid in the UK must be executed in accordance with the Wills Act 1837, namely before two witnesses.  The note was clearly not compliant obviously as the witnesses signed it (without knowing what it was) long after he had died.  The partner tried to argue the note was a valid Will but this was rejected - after various appeals - by the highest court in the Middle East country as it was argued the testamentary wishes of the Deceased as a British national should be subject to compliance with the Wills Act. Undeterred, the partner then tried another surprising tact.  She alleged she had in fact married the Deceased in a ceremony in Russia some years before (something she had curiously omitted to mention at any time in the Middle East proceedings).  It was also noted the Will would have been revoked by this alleged marriage!  

In any event, no tangible evidence could be produced to prove this marriage save for a “marriage certificate” which was rejected as a forgery by the local registrar in Russia where the marriage was alleged to have taken place.  Therefore the partner’s claim to be married was once again rejected after various appeals in court in the Middle East.  

Still undeterred(!), the partner then repeated the exact same claims by issuing proceedings in the High Court in England in relation to both (1) the alleged Will and (2) the alleged marriage.  Whilst the UK solicitors for the partner conceded there was no evidence for their client’s Will claim, they still declined to abandon that element of it.  We had no option but to apply on behalf of our client to strike out the claim on the following grounds:

1. The Will claim element of the pleadings should be struck out on the grounds the partner had admitted - in open correspondence - the purported Will is invalid and cannot be relied upon; and 
2. The remaining element of the proceedings - the marriage claim – should be struck out on the basis of res judicata: it is a re-litigation of the same issues between the same parties that have already been brought before and decided by a competent court of foreign jurisdiction.

Just before the application was to be heard, the partner sensibly threw in the towel and her claim was formally discontinued.  

After years of litigation both here and abroad it was finally confirmed our client was the sole beneficiary of the Estate.  And for completeness’ sake, it was not open to the partner to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 because the Deceased was not domiciled in England & Wales which is a prerequisite of the 1975 Act.  

There were many elements to this claim which would be worthy of legal mini-series.  But it goes to illustrate that all families, wherever they are and however they are comprised, have the potential to become embroiled in difficult and costly litigation following the death of a loved one.  If you wish to obtain advice concerning a contested Will, please contact Noel McNicholas on 01926 887700 or noel.mcnicholas@thomasflavell.co.uk.