PT-2022-000261 - [2025] EWHC 2060 (Ch)

The claimant, Shanaz Karim, was the live-in carer of Sheila for many years. She has acted in person throughout, with help from Support Through Court; and representation from counsel instructed by Advocate at one hearing. Ms Karim suffers from significant mental health issues, including anxiety and depression. She has had considerable difficulties in formulating her claim, obtaining and preparing admissible evidence in support of it, and in marshalling and presenting this material. The help she has had with these tasks from Support Through Court has been invaluable both to her and to the court.

Ms Karim’s primary claim is as the named executor and primary beneficiary of Sheila’s will dated 23 November 2012 (“the 2012 will”). She seeks to revoke the grant of probate in respect of a will dated 18 February 2015 (“the 2015 will”). The sole beneficiary under the 2015 will, is John Quinn, the second defendant.

The first defendant, Dean Steele, is a solicitor. He was appointed on 30 September 2016 by Mr Quinn as his attorney for the purpose of obtaining a grant; the executors named in the 2015 will having renounced. On 15 June 2018, Mr Steele obtained a grant of letters of administration with the will annexed for the use and benefit of Mr Quinn.

The claim was issued on 30 March 2022. There are two further iterations of it in amended claim forms dated 28 February and 30 March 2023. Although not well drafted, the following grounds of challenge to the 2015 will can be discerned from it:

The proprietary estoppel claim is based on a promise by Sheila to leave to Ms Karim her house, 572 Forest Road, Walthamstow, London E17 3ED (“the property”). Ms Karim claims that in reliance on that promise, she sold her house used and part of the proceeds on a loft conversion (£65,000), and kitchen improvements (£15,000).

Initially, Mr Steele was the sole defendant to the claim. He acknowledged service stating that he did not intend to defend the claim, and his stated position throughout has been that he is neutral in the claim. On 23 June 2022, Deputy Master McQuail ordered that Mr Quinn be joined as the second defendant to the claim. He has not acknowledged service nor participated in the claim in any way.

Various stays for alternative dispute resolution have been ordered, as well as a financial dispute resolution hearing, which Mr Quinn did not attend.

In these circumstances, I ordered a trial on written evidence of the claim.