Supreme Court rules funeral operator’s will not forged

The family dispute over the will of Hartley Nugent, businessman and operator of St Paul’s Funeral Home in St Mary who died in 2019, has been settled by the Supreme Court, which ruled that the will was not forged.

Dr Lincoln Wright, a medical practitioner who is the executor of the will and was a defendant in the case, said yesterday that he can now proceed to have the will probated by the court.

Wright said he was happy with the outcome of the case and could start the new year knowing that his integrity has been vindicated.

He was accused of forging a will of which, he said, he was not even a beneficiary.

“It was a very vexing and contentious matter, because it was being broadcasted locally and internationally that I had made a bogus will. Someone even told me that in three days, I would be locked up. Now that the matter has been settled by the court, I hope good sense will prevail,” Wright said.

Attorney-at-law Hugh Wildman represented the defendants and Wright said he was grateful to Wildman, who took over the case after the death of his attorney, William ‘Bill’ McCalla, and did an excellent job to see that justice was done.

Vernon Nugent, one of the sons of the deceased, who said he had a good relationship with his father, had brought a claim against his sister Nicole Nugent and Wright, contending that the will was forged. He stated that he was challenging the will on behalf of his mother and brothers, and contended that because his father had suffered a stroke, he was not physically able to sign a will because he was paralysed on the right side.

Vernon Nugent sent the will to a handwriting expert, who said the signature on the document was different from other writings of the deceased.

Nicole Nugent is the beneficiary of the funeral home in Port Maria, St Mary, and the claimant was seeking an order from the court that their father died intestate because the will was a forgery.

Recorded statement

Wright stated that the deceased was his patient and was mentally able to give directions and dictate the contents of a will. He said that after the deceased made the will, he made a statement that was recorded.

“I sign the will with Dr Wright. Nobody put me under no pressure to do nothing,” the deceased said in the recording.

In his evidence, Wright said the deceased came to his medical facility in Port Maria on October 25, 2019, saying he wanted to make a will and he took him to his conference room, where the deceased dictated a will which was witnessed by two of the doctor’s employees. Wright said that at the request of the deceased, he guided his hand when he was signing the will. The deceased, who fathered 11 children, left one of the two funeral homes to his daughter, Nicole Nugent, and his other assets to his children.

Justice Audre Lindo, after hearing evidence and submissions in a trial that lasted two days, ruled last month that no evidence was presented to show that the will was forged. She said the handwriting expert was unhelpful.

The judge said further that she was satisfied, on a balance of probabilities, that the will was properly executed. Costs were awarded to the defendants.

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