4/9/2012
START DATE
END DATE
5/4/2012
Khomeini Taalib-Din v Hanifah Rukan Smith
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Probate Law, Property Law, Undue Influence
Hon. Justice Kawaley
Mr. Craig Rothwell (Cox Hallett Wilkinson)
Mr. Paul Harshaw (Canterbury Law)
FACTS OF THE CASE:
Khomeini Taalib-Din (Plaintiff) challenged the validity of his late father?s will, which devised the family property solely to his sister, Hanifah Rukan Smith (Defendant). The Plaintiff alleged fraud, proprietary estoppel, undue influence, and lack of testamentary capacity. He sought a 50% interest in the property. The Defendant counterclaimed, arguing the testator intentionally disinherited the Plaintiff due to concerns about his ability to manage property.
SUMMARY:
(1) Was the will executed with knowledge and approval? (2) Did the Defendant unduly influence the testator? (3) Could the Plaintiff claim proprietary estoppel?
OUTCOMES:
The Court revoked the disputed will, reinstating a previous will that granted equal shares to both siblings.
RULED IN FAVOUR OF:
Khomeini Taalib-Din (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Khomeini Taalib-Din v Hanifah Rukan Smith
Khomeini Taalib-Din (Plaintiff) challenged the validity of his late father?s will, which devised the family property solely to his sister, Hanifah Rukan Smith (Defendant). The Plaintiff alleged fraud, proprietary estoppel, undue influence, and lack of testamentary capacity. He sought a 50% interest in the property. The Defendant counterclaimed, arguing the testator intentionally disinherited the Plaintiff due to concerns about his ability to manage property.