A birth doula who was cut out of her dying husband's £5million will has won a court battle with his brother for the fortune. 

Mother-of-two Gabriela Teixeira, 51, had been expecting to inherit millions when her wealthy investor husband of ten years Abbas Moaven died in 2012, aged 45. 

But she was shocked to find out the restaurateur had signed legal documents weeks before his death to declare four properties - at the time worth over £3million - were actually shared with his mother and brother, Amir. 

The Brazilian-born yoga teacher and her two adult children - Elis Teixeira Moaven, 22, and Aryan Moaven, 19 - have now successfully challenged the will in the High Court to restore the properties to the estate after arguing the documents were a 'sham'. 

She pointed to his lawyers' notes following a meeting with Amir, telling of concerns that she might 'disappear to Brazil' with the children after Abbas died, with Amir questioning how that could be prevented. 

Judge Deputy Master Timothy Bowles has ruled that the story behind the documents was a 'fiction' and that the properties do fall into Abbas' estate to be inherited by Gabriela, Elis and Aryan. 

The papers signed by Abbas declaring that they were not entirely his were a 'sham,' designed to prevent his widow from accessing most of his wealth after he died, the judge said.

Gabriela married Abbas in 2002 after first meeting at one of his restaurants in Notting Hill in 2000.

The couple and their two children lived at a series of high-end properties around some of London's most desirable neighbourhoods, including Holland Park and Kensington.

Gabriela is a birth doula, a non-clinical professional who provides physical and emotional support to families before, during and after childbirth, often attending actual births.

On her online profile, the mother describes receiving the 'call to serve' after the birth of her first child, when she had a doula present.

She says every birth and family is 'unique' and that she 'supports the needs and wants of the family, while helping to empower the mother to have confidence in herself and to reassure her of her instinctive ability to give birth.'

Abbas, and his brother, Amir, moved to Britain from Iran in 1982 to live with their father and later began a west London clothing shop called Homeboy together.

They then moved into the burgeoning mobile phone market in the mid-1990s and later restaurants, while also buying up a series of properties around the capital.

Gabriela and Abbas met at his restaurant, The Gate, close to Notting Hill Gate Station, and began dating, with Gabriela in 2001 moving into the flat he shared in Queen's Gate, Kensington, with Amir.

Giving evidence, she told the judge that Abbas had never given any indication that the flat was not entirely his property.

Abbas was diagnosed with cancer in 2009 and died in May 2012, with his last will leaving his estate in third shares to his widow and two children.

But the court heard the estate was 'substantially diminished' because, only weeks before he died and while in hospital in April 2012, Abbas had signed trust documents, declaring that four properties in his name were actually owned in one-third shares by himself, his brother Amir and their mother, Nazemi Tehran, who has since died.

In court, Gabriela's barrister, Alexander Learmonth KC, said the result - if the declarations of trusts were to stand - is that the estate is potentially 'insolvent' due to other debts.

However, he argued that the documents were 'obviously shams,' designed by Abbas to prevent his wife or creditors from making a claim to most of his assets after his death.

He pointed to an attendance note from a meeting between Abbas' solicitor and Amir, when Abbas was 'seriously unwell' at home and his brother was seeking to 'regularise their affairs.'

The lawyers' note stated: 'His concern was what would happen if Abbas passed away and his wife disappeared with the two children to Brazil. 

'How could they prevent this, and how could they prevent her from having access to the funds from the property assets?'

A subsequent note following another meeting added: 'Amir confirmed his main intention was to secure Abbas' children's welfare because he was certain that any assets passed over to Abbas' wife would be dissipated.'

Mr Learmonth told the judge the notes 'establish clearly that, if the declarations of trust were really intended to have any legal effect at all, then they were entered into with the clear aim of defeating a claim by Gabriela and/or her children against the estate.'

He continued: 'Abbas never intended his various declarations of trust to effect any real change in legal relations or to divest himself of his beneficial interest.

'He merely intended them to be used insofar as necessary to ward off claims by Gabriela, or potentially creditors. They are obviously shams.'

He told the judge that Gabriela is anxious to restore the properties to the estate and get her inheritance, adding: 'She is unable to sustain the lifestyle she enjoyed during Abbas' lifetime, while he was still well, on her income working as a doula.

'It is deeply unsatisfactory that 14 years later, Gabriela and her two children – now grown from infancy to adulthood – have still not been able to obtain a proper account of Abbas' estate, let alone to receive their inheritance.'

However, Amir, now 56, claimed that the four properties - which include Gabriela's former homes in Queen's Gate, Holland Park and Brasenose House, Kensington, as well as rental property in Maida Hill - were only ever put into Abbas' name for 'cultural reasons' because he was the elder brother.

His barrister, Lydia Pemberton, described the row as a 'very bitter family dispute,' but insisted the declarations were 'the written manifestation of the long-standing agreement' that the properties were held by Abbas, Amir and their mother in equal shares.

'No doubt the claimants are deeply disappointed that Abbas' wealth and the estate is not what they expected, but disappointment does not make a valid claim,' she told the judge.

She continued: 'Shortly stated, Amir's case is one of a pooling of resources between himself, Abbas and their mother, demonstrated by their years of joint business ventures.'

Giving judgment on the dispute, Deputy Master Bowles rejected Amir's explanations of the trust documents as a 'fiction' designed to cover up the truth.

'They were, quite simply, a means to an end, that end being to present Abbas' estate as being very much smaller than was, in fact, the case and to do so by the purported confirmation of informal trust arrangements that had no basis in fact,' he said.

'Contrary to the false narrative set out in the recitals to declarations of trust, the properties are not and never have been held on the informal trusts alleged in those recitals and in the declarations of trust.

'The extrinsic evidence fully supports the view that Abbas has always been the legal and beneficial owner of the properties.

'They were documents without any legal, or equitable substance, designed, simply, to give a false impression to Gabriela and to the world, as to Abbas' assets and as to his estate.

'I have no doubt, in this regard, given my findings as to the declarations of trust and the evidence, which support those findings, that the burden on Gabriela and her children to provide convincing evidence of 'sham', to a high standard, has been well and truly met.

'The declarations of trust are [a] "sham" because they were not intended either to create, or to confirm, the rights purportedly declared, but, rather, to convey to those to whom the declarations of trust were deployed that the ownership of the properties was different to what it actually was and, by extension, that Abbas' estate, following his death, was different and very much smaller than that which it actually was.

'They were, simply, deceitful forms of words, which did not affect or limit Abbas' legal and beneficial ownership of the properties, at the date of his death and did not, therefore, preclude the full value of the properties falling into his estate.'

The court heard that Abbas' will leaves the estate in one-third shares to his widow and two children, but that the children only inherit once they reach a 'designated age,' which could be anything up to 35.

A claim by Gabriela to increase what she will receive under the will is set to take place at a later date, with her two children both supporting her.

Partly due to complex tax and debt issues, the exact size of Abbas' estate has not yet been calculated, with lawyers estimating that it could be as much as £5m with the four properties included.