Sheikha Amena Ahmed H.A. Al-Thani and another (Appellants) v Sheikha Aisha Mohammed Ali Abdullah Al Thani and 2 others (Respondents) (Virgin Islands)

Case summary

Case ID

JCPC/2023/0112

Jurisdiction

British Virgin Islands

Parties

Appellant(s)

Sheikha Amena Ahmed H.A. Al-Thani

Sarah Saoud M.A. Al-Thani

Respondent(s)

Sheikha Aisha Mohammed Ali Abdullah Al Thani

Sheikha Al-Anoud Abdulrahman Ali Al Abdullah Al Thani

Sa'ad Al-Dehaimi

Issue

Was the Eastern Caribbean Court of Appeal wrong to conclude that section 245 of the BVI Business Companies Act 2004 (the "BCA 2004") established that company shares in the British Virgin Islands ("BVI") are movable property for succession purposes?

Facts

Sheikh Saoud Mohamed A. A. Al Thani (the "Deceased") was domiciled in Qatar. On 3 June 1990, the Deceased made a declaration as to the inheritance of his estate (the "Declaration"). On 11 June 1990, an entry was made in the Sharia Court register signed by a judge and issued by the registry in Qatar recording the Declaration and its terms (the "Entry"). The Entry recorded that under the Declaration the Deceased would bequeath 20% of his movable and immovable estate to the Respondents (the Deceased's sister, niece and 'right-hand man' at the time). Such an entry is treated as a will in accordance with the laws of Qatar. The Deceased died in London on 9 November 2014. On 23 November 2014, a court in Qatar made a declaration naming the First Appellant, the Deceased's widow, and her three children as heirs. Subsequently, the Entry was discovered. On 25 June 2015, the Appellants commenced proceedings in Qatar seeking a declaration that the Entry had been revoked. In 2016 the Qatari Court of First Instance found that the Entry had been revoked but in 2018 the Qatari Court of Appeal reversed that decision and found the Entry was a valid and enforceable will. In parallel with the proceedings in Qatar, the Appellants had successfully made an application in the High Court in the BVI for a grant of letters of administration of the Deceased's estate in the BVI, which comprised shares in a BVI company. Following the decision of the Qatari Court of Appeal, the Respondents sought revocation of the grant of letters of administration. The High Court in the BVI found that the judgment of the Qatari Court of Appeal decreeing the Entry as a valid and enforceable will was also conclusive as to validity and enforceability for disposal of the Deceased's movable property in the Virgin Islands and gave directions for a summary trial to determine whether the letters of administration should be revoked. The High Court also found that the Deceased's movable property located in the Virgin Islands included registered shares in a Virgin Islands company. The Court of Appeal dismissed the Appellants' appeal. The Appellants now appeal to His Majesty in Council.

Date of issue

12 December 2023

Judgment details

Judgment date

31 October 2024

Neutral citation

[2024] UKPC 35

Judgment links

Appeal

Justices

Lord Hodge

Lord Leggatt

Lord Burrows

Lady Rose

Lord Richards

Hearing dates

Start date

25 June 2024

End date

25 June 2024

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