Nemazee v Nemazee Case No: E 10 CL 795

WTLR Issue: Summer 2020

1. ALI REZA NEMAZEE

2. AHMED NEMAZEE

V

1. MAHMOOD NEMAZEE

2. FATEMA ZAHRA NEMAZEE

Analysis

On 27 May 2015 the deceased entered into four transactions: first, a long lease of her flat, in exercise of her right to buy; second, a legal charge over her leasehold interest in favour of the defendants; third, a declaration of trust that she held the leasehold interest on trust for herself and her granddaughter as beneficial joint tenants; fourth, a will leaving her residuary estate to her three sons in equal shares. The claimant sons initially claimed that the deceased lacked capacity to execute the will and declaration of trust, and pleaded lack of knowledge and approval and/or undue influence in the alternative. The plea of lack of capacity was abandoned on the third day of trial.

Counsel details

John King, instructed by Gary Summers (both 9 Bedford Row International, 9 Bedford Row, London WC1R 4AZ, tel 020 7489 2727, e-mail clerks@9bedfordrow.co.uk) for the claimants.

Timothy Evans (instructed by Veale Wasbrough Vizards, 24 King William St, Candlewick, London EC4R 9AT, tel 020 7405 1234) for the defendants.

Cases referenced

Cases in bold have further reading - click to view.

  • Edwards v Edwards [2007] EWHC 1119 (Ch); [2007] WTLR 1387
  • Hart v Burbidge [2013] EWHC 1628 (Ch); [2013] WTLR 1191
  • Royal Bank of Scotland v Etridge (No. 2) [2002] 2 AC 773
  • Turkey v Awadh [2005] EWCA Civ 382