A birth doula who was excluded from her dying husband's £5 million will has successfully challenged the document in the High Court, securing a victory against his brother. Gabriela Teixeira, 51, a mother of two, had expected to inherit a substantial fortune after the death of her husband, Abbas Moaven, a wealthy investor and restaurateur, who passed away in 2012 at the age of 45.
The Dispute
Following Moaven's death, Teixeira discovered that legal documents signed weeks before his death declared that four properties, then worth over £3 million, were actually jointly owned with his mother and brother, Amir. The Brazilian-born yoga teacher and her two adult children, Elis Teixeira Moaven, 22, and Aryan Moaven, 19, argued that these documents were a 'sham' designed to deprive them of their inheritance.
Court Ruling
Judge Deputy Master Timothy Bowles ruled in the High Court that the story behind the documents was a 'fiction' and that the properties rightfully belong to Moaven's estate, to be inherited by Teixeira and her children. The judge stated that the papers were a 'sham' intended to prevent the widow from accessing most of her husband's wealth after his death.
Teixeira's barrister, Alexander Learmonth KC, highlighted that the estate could become 'insolvent' if the trust documents stood, due to other debts. He pointed to notes from a meeting between Moaven's solicitor and Amir, which expressed concerns that Teixeira might 'disappear to Brazil' with the children, and questioned how to prevent her from accessing funds from the properties.
Amir Moaven, now 56, claimed that the properties were only in Abbas's name for 'cultural reasons' because he was the elder brother. His barrister, Lydia Pemberton, described the dispute as a 'very bitter family feud' but insisted that the declarations reflected a long-standing agreement. However, the judge rejected this explanation as a 'fiction' designed to cover the truth.
Background
Gabriela and Abbas married in 2002 after meeting at one of his restaurants in Notting Hill in 2000. They lived in high-end properties in London neighborhoods such as Holland Park and Kensington. Teixeira works as a birth doula, providing support to families during childbirth. Moaven and his brother Amir moved from Iran to Britain in 1982 and built a successful business empire, including a clothing shop, mobile phone ventures, restaurants, and property investments.
The court heard that Moaven's last will left his estate in equal shares to his widow and two children, but the estate was 'substantially diminished' by the trust documents signed while he was hospitalized in April 2012, just weeks before his death. The exact size of the estate, potentially up to £5 million including the four properties, has yet to be calculated due to complex tax and debt issues.
A further claim by Teixeira to increase her share under the will is scheduled for a later hearing, with both children supporting her.
