High court rejects forged Will: lessons from Khatun v Hasan & Anor

On 1^st July 2025 the High Court ruled in Khatun v Hasan & Anor [2025] EWHC 1658 (Ch), that a Will disinheriting a man’s only child was fraudulent.

Selina Gonzalez, Will and Inheritance Dispute Solicitor, explores the red flags in the Will which led to the court’s decision and how to ensure you get the best legal advice if you suspect will fraud.

Background to the case

The case was brought by Mrs Mosammat Shapna Khatun, whose father, Mr Monir Jaman Shaikh, passed away in April 2020. When he died, to her surprise, she discovered that her father’s Will had apparently disinherited her entirely, leaving his estate – including four properties and his solicitor’s practice – to Mr Shamin Hasan.

Challenging the Will

Mrs Khatun contested the will’s authenticity, alleging fraud by Mr Hasan. She told the court that she enjoyed had good relationship with her father and barely knew Mr Hasan, who claimed he had been ‘like a son or nephew’ to Mr Shaikh. However, Deputy High Court Judge Caroline Shea KC noted a ‘scant production of the kinds of materials that would evidence such a relationship.’

Red Flags

Several irregularities in the will raised suspicion:

• Questions around the storage and drafting of the Will
• No records of solicitor’s meeting with Mr Shaikh
• Spelling errors in the Will
• Inclusion of properties not owned by Mr Shaikh

The court heard evidence from both parties as well as various witnesses, including a handwriting expert who concluded there was ‘strong evidence’ to suggest that the signature on the Will was not Mr Shaikh’s, but likely forged by someone familiar with his handwriting.

Court’s decision: will declared invalid

The court ruled in favour of Mrs Khatun, stating that the circumstances cast serious doubt on the Will’s authenticity. In such cases, the burden of proof lies with the party asserting the Will’s validity i.e. Mr Shaikh. The judge said Mr Shaikh  had ‘failed to discharge the burden of proof’ and explain the disparities surrounding the Will.

Procedural pitfalls

Interestingly, the court also highlighted procedural failures in the case, despite both parties having legal representation – a reminder of the importance of specialist legal advice when disputing a Will.

What to do if you suspect Will fraud

Disputes over Wills are legally complex, highly emotional and stressful. If you suspect a Will is fraudulent or invalid, it’s crucial to seek advice from a specialist solicitor experienced in contentious probate.

Look for ACTAPS Membership

A helpful tip: search for a solicitor who is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) – the gold standard accreditation for solicitors working in this area. Our team includes two ACTAPS members and Selina is in the process of gaining her accreditation.

How We Can Help

Our dedicated Will and Inheritance Disputes Team can guide you through every step of your dispute with clarity, compassion, and precision.

For more information or to speak to a member of Cartmell Shepherd’s Will and Inheritance Disputes team get in touch via willclaims@cartmells.co.uk or www.willclaims.co.uk; or phone 01228 516 666.