Executive Summary: Key Legal and Evidentiary Issues

• Dispute centered on the validity and authenticity of two handwritten documents, each claimed to be the deceased’s last will.

• Addition of an “Itaf” signature in Roman script to one document raised concerns about its authenticity and possible alteration.

• Determination of which document reflected the true testamentary intentions of the deceased was required.

• The issuance and subsequent revocation of a small estate certificate based on the undated document was a key procedural matter.

• Distribution of specific estate assets, including jewellery, cash, and a men’s watch, depended on the court’s interpretation of the valid will.

• Entitlement to compensation and costs for the parties, as well as the role of Meridian Credit Union, required judicial direction.

Facts and outcome

Background and facts of the case

The applicant, Hassan Farhat, is the widower of the deceased, Itaf Karim, who died on June 25, 2024, after fifty years of marriage. The respondent, Rana Majed, is their daughter, the second of seven children. After the death of Itaf Karim, Rana Majed obtained a certificate of administration based on a holograph will, to which no objection was filed at the time, though Hassan Farhat had indicated he would contest it. Farhat sought to invalidate the will and annul the certificate, while Majed filed her own application seeking, among other things, access to her mother’s safety deposit box. Meridian Credit Union was also named as a respondent to Majed’s application, but it settled on the basis that it would abide by the court’s order and no costs would be awarded for or against it.

Discussion of the documents and policy terms

Two handwritten documents in Arabic were at issue. The first, undated, was found in a drawer after the mother’s death. It contained affectionate instructions and outlined the distribution of possessions, including a specific gift of gold to Imane, equal distribution of the rest among the four daughters, and a diamond set for Rana. The document was signed “Mother of Mohamed” in Arabic, with “Itaf” added in Roman script after the note was found and before it was submitted to the court. The court found that “Itaf” in Roman script was an imitation and not originally written by the deceased, casting doubt on the document’s validity, though the Arabic signature was authentic.

The second document, dated May 27, 2024, was found in the safety deposit box and was deposited there on the eve of the deceased’s pilgrimage to Mecca. It contained similar instructions and was signed “Mother of Mohamed” in Arabic. The court was satisfied that this document reflected the deceased’s testamentary intentions and constituted her will. The undated document was found to be a draft and not intended as the final will. The certificate of administration was issued based on the undated document because the court did not have access to the safety deposit box at the time, and someone had added the English signature in an attempt to give it authenticity.

Distribution of the estate and court orders

Under the authority of the certificate, the respondent accessed about $67,000 in her mother’s credit union account. The safety deposit box contained documents, jewellery, and some cash. One piece of jewellery, a men’s watch, was determined to be the applicant’s property. Although there were marital issues between the applicant and respondent, the evidence did not prove they were separated.

The will made specific gifts: the gold given by Imane to be returned to her, the diamond set to Rana, and the rest of the jewellery in the safety deposit box to be distributed equally among the four daughters. The residue of the estate, given its value, was to pass to the applicant as on an intestacy.

The court ordered the following:

• The small estate certificate issued on January 15, 2025, was revoked, and the respondent was to return it.

• The Arabic writing dated May 27, 2024, together with its translation, was declared the last will and testament of Itaf Sami Karim.

• A new small estate certificate was to issue to the respondent with the will dated May 27, 2024; if not applied for within 30 days, the applicant could apply.

• The respondent was to distribute the estate as follows:

  • The men’s watch to the applicant.

  • The gold, given by Imane, to Imane.

  • The diamond set to the respondent.

  • The rest of the jewellery in the safety deposit box to the four daughters equally.

  • The remaining items in the safety deposit box, including cash, to the applicant.

  • After paying legal fees, the residue of the estate, including the money in the bank, to the applicant.

• The respondent was not entitled to compensation as a trustee and was required to pass her accounts within 120 days.

• Meridian Credit Union was ordered to release the contents of the safety deposit box to the respondent.

• Both the applicant and respondent were entitled to full indemnity for costs from the estate.

• No order as to costs was made for or against Meridian Credit Union.

In summary, the court recognized the May 27, 2024, document as the valid will and directed the distribution of the estate accordingly. The successful party in terms of the main estate residue was Hassan Farhat, who was awarded the residue of the estate, including the remaining cash and assets after specific bequests and legal fees. The amount accessed by the respondent was about $67,000, but the exact residue amount was not specified in the decision.