Gregory Pascall (Respondent) v Aneisa Graham (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

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”).