“The deceased is very much alive”—examining the recent case of Ashimola v Samuel
Associate Tiggy Hawkesworth examines the recent case of Ashimola v Samuel [2025] and highlights why it’s vital to have safeguards in place when managing UK assets from abroad.
In a recent High Court case, Nigerian national June Ashimola successfully thwarted an elaborate fraud aimed at seizing her £350,000 property in Plumstead, southeast London.
Fraud exposed
After relocating to Nigeria in 2018, Ms Ashimola was falsely declared deceased in 2019 through a forged Nigerian death certificate. The fraudulent certificate was used to obtain probate over her estate, which was granted to Tony Ashikodi and Ruth Samuel, who purported to act as attorneys on behalf of Ms Ashimola’s supposed husband, Bakare Lasisi.
However, the court found that Mr Lasisi did not in fact exist, and therefore, nor did his alleged marriage to Ms Ashimola. The court ruled that the various documents that had been relied on were forgeries, including the death certificate issued in Nigeria in 2019 and the marriage certificate evidencing the supposed marriage between Ms Ashimola and the non-existent Mr Lasisi.
The judge, Deputy Master Linwood, presiding over the case, noted that Mr Ashikodi had orchestrated a long-running campaign to gain control of Ms Ashimola's property. Ms Ashimola appeared via video link from Nigeria during the hearing to testify that she was very much alive, providing evidence that led the judge to revoke the fraudulently obtained power of attorney / grant of probate, and affirm her rightful ownership of the property.
In his judgment, Deputy Master Linwood opened with the remark:
This is an unusual probate claim in that the deceased says she is very much alive."
Why appointing a trusted representative is crucial
Where an individual lives overseas but has assets in England and Wales, which may be more vulnerable to exploitation by the owner’s absence, it is advisable for the owner to ensure that they have appointed a trusted individual to act as an attorney who can manage their property and finances on their behalf.
In Ms Ashimola’s case, the defendants produced a forged death certificate and fabricated marriage documents to manipulate the English legal system. There can be difficulties in dealing with jurisdictions where it is harder to ensure the veracity of documents. Russell-Cooke can assist with stringent verification of legal documents across jurisdictions.
For countries that are signatories to the Hague Apostille Convention of 1961, the apostille process is the fastest and the most recognised method of verifying official documents. An apostille is a certificate from a recognised body which confirms the authenticity of public documents and the signatures of public officials.
Verifying foreign documents
For countries not part of the Hague apostille convention, documents need to undergo consular legalisation to be authenticated. Russell-Cooke can assist in both these processes.
The Ashimola case serves as a reminder that fraud does not respect borders, and having cross-border experts on side who can ensure the reliability and authenticity of documents is vital, as well as appointing an individual who can manage and secure your property if you are abroad.
Tiggy Hawkesworth is an associate in the trust, will and estate disputes team, advising on challenges brought against a deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, as well as claims challenging the validity of wills.
Get in touch
If you would like to speak with a member of the team you can contact our trusts wills estate disputes solicitors by email, by telephone on +44 (0)20 3826 7530 or complete our enquiry form.