‘One of the more shocking probate judgments I’ve read recently opens with the words, “This is an unusual probate claim in that the Deceased says she is very much alive.”
The case arose when Ms June Ashimola discovered that she had been falsely declared dead — while very much alive and living abroad.
Relying on a Nigerian death certificate for Ms Ashimola, a certificate of marriage between her and a Mr Lasisi, and a probate power of attorney granted to Ruth Samuel on behalf of Mr Lasisi, Ms Samuel secured a grant of probate over Ms Ashimola’s £172,000 UK estate in 2022.
However, after Ms Ashimola brought proceedings, the High Court found the death certificate, marriage certificate and power of attorney were “false, forged or concocted”, and revoked the grant of probate.
The judge highlighted the involvement of convicted fraudster Tony Ashikodi, who claimed to be the beneficial owner of Ms Ashimola’s property.
The judge also criticised the chaotic trial proceedings, calling out witness interference and “grossly non-compliant” witness statements.
What surprises me most is not that the fraud was attempted, but that the perpetrators tried to press the matter through court once Ms Ashimola had become involved, and that on the basis of truly flimsy evidence!
I’d also be curious to know how the Defendants’ solicitor advocate carried out his due diligence for a defendant (assumedly a client) about whom the judge was “concerned … may not exist (or if he does he may not be aware his name is being used in these proceedings)”.
This case is a powerful reminder:
Probate can be challenged… even after a grant is issued.
Fraudulent grants, once uncovered, can and should be overturned.
Vigilance is crucial, especially for estates with international ties.
Parties can persist with even the most hopeless of cases.
If you want to read more, including how not to conduct yourself, the case is Ashimola & Anor v Samuel & Anor [2025] EWHC 502 (Ch) (10 March 2025)
