Members of a family who lost a £2.8 million inheritance after a relative left his estate to a friend under an ancient Roman law doctrine have been granted permission to appeal, potentially setting a significant legal precedent, as reported by The Law Society Gazette.
Al-Hasib Al Mahmood passed away on October 23rd, 2020, just two weeks after his wife died of pneumonia. The 82-year-old had been living with a friend, Masudur Rahman, whom he and his wife had known since 2011 and had come to depend on for support as they aged.
Al Mahmood’s 2015 will designated his late wife’s brother and three nieces as beneficiaries. However, during the COVID-19 lockdown, he attempted to create a new will naming Rahman as the beneficiary. Unaware of the temporary legal change permitting video-witnessed wills, Al Mahmood sent a text to a will draftsman instead.
Rahman claimed that on October 15th and 23rd, 2020, Al Mahmood transferred all his UK assets, including personal belongings, bank accounts, and real estate, to him. In May, Rahman won a judgment confirming his inheritance, based partly on Al Mahmood’s purported gift ‘in contemplation of death.’
Last week, High Court Judge Paul Matthews granted Al Mahmood’s relatives permission to appeal on five grounds. One key issue for appeal is the novel application of the donatio mortis causa doctrine to bank accounts and registered land. The judge acknowledged the potential significance of this decision in modern society, stating:
“Even if there were no real prospect of success, the novelty and growing importance of these issues warrant an appeal.”
However, the judge stipulated that the family must make a payment to Rahman to cover his legal costs as a condition for the appeal.
