Visit UKSCJCPC/2023/0079
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Gregory Pascall (Respondent) v Aneisa Graham (Appellant) (Trinidad and Tobago)
Case summary
Case ID
JCPC/2023/0079
Jurisdiction
Trinidad and Tobago
Parties
Appellant(s)
Aneisa Graham
Respondent(s)
Gregory Pascall
Issue
Was a deceased’s will invalid on the basis that the deceased did not know of and approve its contents?
Facts
By a will dated 6 January 2009 (the “Will”), Mr Carl Cox left his property and the residue of his estate to an organisation called the Eternal Light Community (“ELC”). Mr Cox died on 23 December 2012. The Respondent, Mr Cox’s executor, applied for a grant of probate of the Will. The Appellant, Mr Cox’s daughter, disputed the validity of the Will, alleging that Mr Cox did not know of and approve its contents. The Respondent applied to court for a declaration that the Will was valid. The Appellant resisted the claim and counter-claimed for declarations that the Will was invalid and that Mr Cox had died intestate. The trial judge (“TJ”) dismissed the Respondent’s claim and permitted the Appellant’s counter-claim, declaring that the Will was invalid and that Mr Cox died intestate. The Court of Appeal (“CA”) allowed the Respondent’s appeal, finding that the Will was valid. The CA granted the Appellant permission to appeal to the Judicial Committee of the Privy Council (“JCPC”).
Date of issue
29 August 2023
Appeal
Justices
Hearing dates
Start date
22 May 2025
End date
22 May 2025
Watch hearings
22 May 2025 - Morning session
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Last updated 22 May 2025