The brother of a deceased property tycoon has been ordered to pay £490,000 in legal costs after losing a High Court inheritance dispute with his yoga teacher sister-in-law. Gabriela Teixeira, 51, and Amir Moaven, the brother of the late Abbas Moaven, were involved in a legal battle over Abbas Moaven's estimated £5 million fortune.
Ms Teixeira, a birth doula and yoga teacher, had expected to inherit a substantial portion of her husband's estate when he died in 2012 at the age of 45. However, she discovered that weeks before his death, Abbas Moaven had signed legal documents purporting to divide four properties, valued at over £3 million at the time, among himself, his mother, and his brother Amir.
Fourteen years after Abbas Moaven's death, Ms Teixeira and her two children, Elis and Aryan, have successfully argued in court that the full value of these properties should be included in her husband's estate. This victory increases her potential inheritance to £5 million, while Amir Moaven has been found liable for the significant legal costs.
High Court judge, Deputy Master Timothy Bowles, determined that the documents signed by Abbas Moaven were a 'sham' and that the narrative surrounding their creation was a 'fiction.' The judge found that these documents were designed to prevent Ms. Teixeira from accessing a large portion of her husband's wealth after his death.
Furthermore, the judge ruled that Abbas Moaven's accountant, Behzad Faiz, and the conveyancing solicitor, Marios Robert Pittalis, share joint responsibility with Amir Moaven for paying £473,000 of the legal bill, having been complicit in the creation of the fraudulent documents. Amir Moaven is also personally responsible for an additional £17,000.
Abbas and Amir Moaven immigrated to the UK from Iran in 1982. They initially established a clothing shop in west London called Homeboy, later venturing into the mobile phone market and restaurants, alongside acquiring various properties in London.
Ms. Teixeira and Abbas Moaven met at his restaurant, The Gate, near Notting Hill Gate Station, and later married. Abbas Moaven was diagnosed with cancer in 2009 and passed away in May 2012. His will stipulated that his estate be divided into third shares between his widow and their two children.
However, the court heard that the estate's value was significantly reduced due to trust documents signed by Abbas Moaven in April 2012, while he was hospitalized. These documents falsely declared that four properties registered in his name were jointly owned in one-third shares by himself, his brother Amir, and their now-deceased mother, Nazemi Tehran.
Ms. Teixeira's legal team argued that these documents were 'obviously shams,' intended by Abbas Moaven to shield his assets from his wife and potential creditors. Notes from meetings between Amir Moaven and Mr. Pittalis, occurring when Abbas Moaven was severely ill, revealed concerns about Ms. Teixeira potentially leaving the country with the children and accessing the property funds. One note indicated Amir Moaven's stated intention was to secure the welfare of Abbas's children, believing any assets transferred to Ms. Teixeira would be dissipated.
Ms. Teixeira expressed that she is unable to maintain her previous lifestyle on her income as a doula and sought to have the properties restored to the estate to receive her inheritance. The judge dismissed arguments from Amir Moaven that the properties were solely registered in Abbas Moaven's name for 'cultural reasons' due to him being the elder brother.
In his ruling, Deputy Master Timothy Bowles stated that the declarations of trust were 'deceitful forms of words' intended to misrepresent the size of Abbas Moaven's estate. He found Mr. Pittalis and Mr. Faiz equally involved in creating these documents, and that Amir Moaven was complicit rather than deceived. The judge ordered that the costs be assessed on an 'indemnity basis' due to the conduct of Amir Moaven, Mr. Pittalis, and Mr. Faiz.
The judge described their actions as 'manifestly and radically outside the norm,' deliberately creating sham documents to mislead parties and ultimately the court. The total costs are to be assessed, but an initial payment of £154,800 towards Ms. Teixeira and her children's costs and £318,800 towards the estate administrators' costs has been ordered. Amir Moaven is solely responsible for an additional £17,000.
