NASSAU-A terminally ill man who disinherited his entire family had “good reason” to cut them out of his will, a judge ruled.
John McKenzie, 87, who died in July 2016, left his entire estate to his neighbour William Taylor and his daughter Nathania Taylor.
His daughter, Mona McKenzie-Culmer, disputed the will on behalf of her mother, Adina Martin-McKenzie, who left her father almost 30 years ago.
Despite not seeing her father for years, Mrs. McKenzie-Culmer challenged the validity of the will. Still, Mrs. McKenzie-Culmer agreed that the Taylors were “like family.”
Dismissing the lawsuit Justice Donna Newton said, “I agree with counsel for the defendants that the deceased had a good reason for disinheriting his family.”
Justice Newton said the will was not “inconsistent” with his relationship with his estranged family. She said when Mr McKenzie made his will on September 11, 2015 he was of sound mind.
The plaintiff’s lawyer said the will was prepared under “suspicious circumstances” since Mr Taylor hired the attorney who prepared the will. Mr. Taylor’s son also brought the lawyer and the attesting witnesses to Mr McKenzie’s home.
In her testimony, Mrs McKenzie-Culmer claimed that she was “close” to her father. Despite their close relationship, she did not visit her father on learning of his illness.
She said she called him four to five times a year. Yet, she didn’t remember her father’s telephone number when cross-examined.
Mrs. McKenzie-Culmer said that her cousin Roger Mortimer kept her informed of her father’s wellbeing.
Mr Mortimer said Mr McKenzie appeared to be of sound mind before his death.
According to Mr Mortimer, he last saw the plaintiff visit her father in the 1980s when he lived with his uncle.
Mr Mortimer said he started taking care of his uncle about three years before his death.
He learned that his uncle left him out of the will about a month before he died.
Best friends
The gardener Stanley Lightbourne said that Mr Taylor and Mr McKenzie were best friends.
Mr Lightbourne said that the Taylors looked after Mr McKenzie. According to Mr Lightbourne, Mr Mortimer stopped visiting his uncle when he learned he was to inherit nothing.
For his part, Mr Taylor said he knew Mr McKenzie since 1971 and they bought their properties in Gleniston Gardens in 1983.
He said when Mr. McKenzie wife walked out with the children he didn’t “want to see or speak of them.”
Mr Taylor said that Mr McKenzie asked him to get a lawyer, but he denied influencing the contents of the will.
Justice Newton said, “It seems to me that the devise is evidence of Mr McKenzie’s love towards his best friend and daughter.”
