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11 November 2010 / Michael Tringham
Issue: 7441 / Categories: Features , Wills & Probate
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Intestacy, please

Siblings’ dispute father’s will: Michael Tringham reports

Tarsem Singh Ark of Coventry died in a car crash near his birthplace in Indian Punjab—in November 2005 three days after executing his will there through an experienced local deed writer, Mr Taranjit Singh Sidhu Brar. The testator’s son and young grandsons asked the High Court to uphold that will, under which they inherit his entire estate. His three daughters (but only one continued to trial) would share that estate with their brother if there were an intestacy, and sought to have the will overturned.

The court had to decide whether Tarsem in fact executed the will, if so whether with the requisite knowledge and approval of its contents, and lastly whether his execution was procured by undue influence. The transcript refers to “wild and unsubstantiated” and “lurid allegations of forgery and impersonation”.

Mr Brar came to England to give evidence, bringing his original logbooks. He hand-wrote the will in Punjabi script on two separate sheets of green foolscap paper with a two rupee court fee stamp affixed

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