Walters J
34. In cross examination, Ms Hintzen was asked about a family meeting that she had attended in April
The meeting had been with the Testator, Mr Gooding Jr, Ms Carmichael and the Defendant. At the time the Testator was still married to his former wife, Gertrude Gooding (the "Late Ms Gooding"). Ms Hintzen confirmed that at the meeting the Testator discussed his assets and how he was proposing to deal with them in his will. Ms Hintzen recalls the Testator asking the Defendant at the end of the meeting to prepare a draft will for him based on what had been discussed. 35. Ms Hintzen was also asked about the family meeting to discuss funeral arrangements. She says that she did recall the issue of the Testator's pension being raised generally but did not recall the Plaintiff suggesting that all she wanted was to benefit from the Testator's pension and the health insurance. Ms Wheatley 36. Ms Wheatley had sworn an affidavit dated 8 October 2020 which stood as her evidence in chief. Ms Wheatley' s evidence was consistent with that of the Plaintiff and Ms Hintzen in relation to the morning of the 19 March 2020. She confirms that the Testator and Mr Gooding Jr left for the wedding chapel just ahead of her and the Plaintiff. Because of traffic she says that they arrived about 10 minutes after the Testator. She says that the Testator seemed tired at the ceremony and remained seated. 37. In cross examination, Ms Wheatley was asked about the time that it took for the car in which she was travelling to get to the wedding chapel. Her recollection was that it took between 20-25 minutes. The Defendant 38. The Defendant's witness statement dated 25 March 2021 stood as her evidence in chief. She con.firmed that she is the niece of the Testator and that she had a close relationship with him. He apparently confided in her a great deal and in particular about his Will. 39. Apparently, for some time the Testator had discussed with the Defendant the preparation of a will. At the family meeting in April 2019, the Defendant had taken notes and says that at the end of the meeting she read them back to the Testator to ensure that she had accurately recorded his wishes. The Defendant prepared a will for the Defendant after the meeting which included provision for the Late Ms Gooding (who was still alive at that point) to remain in the family home after his death. 220401 Zonia Pearson Gooding v Juliette Gooding (As Executor of the Estate of Archibald Gooding, Deceased) - Judgment 8 residing there until her death, 17 Mount Pleasant Gardens was to be shared equally by all of the children. The Late Ms Gooding was to be provided for via his pension. Mr Michelin 58. Mr Michelin had signed a witness statement dated 25 March 2021 which stood as his evidence in chief. He is an Advanced Emergency Medical Technician. He confirmed that he was at Mr Walton Gooding's home on 19 March 2020 and witnessed the Testator sign the Will. He said that he was aware that the Testator was in poor health and that day looked frail. However, he said that the Testator was mentally aware of what was happening and why he was doing it. Mr Michelin said that he had no doubt that the Testator knew what he was doing. He said that in response to an enquiry from Mr Michelin apparently the Testator had told him that he was aware of the contents of the Will and had read it a "hundred times". 59. In cross examination Mr Michelin said that he arrived at Mr Walton Gooding's house before the Testator and Mr Gooding Jr. Mr Gooding Jr telephoned to confirm when they had arrived. Mr Michelin first saw the Testator when he was inside the house either in the kitchen or the living room and that the Testator was seated. In response to questions from counsel he said that the Testator looked normal bearing in mind his illness. He thought that the Testator was wearing a suit but thought that Mr Gooding Jr was dressed casually. 60. Mr Michelin said that he thought that the Testator had read the Will. He did not recall how long the Testator was there or if the Will was signed upstairs or downstairs in the house. He said that he did not recall whether the Testator appeared to be in a hurry. 61. When it was put to him that the Will was actually signed on 21 March 2020 Mr Michelin responded by saying that his recollection was that it was signed on 19 March 2020 and that was the date on the document. The draft wills 62. As mentioned earlier, after the hearing had concluded and I had reserved judgment I asked counsel through my assistant whether their clients were aware of any preexisting will executed by the Testator. The response was that their clients were not aware of any preexisting will but Mr Murray indicted that his client had offered to provide copies of two earlier draft wills that she said that she prepared on the instructions of the Testator. Neither document was disclosed in the Defendant's list of documents. Copies were also provided to Ms Reid. In the usual way, this judgment was 220401 Zonia Pearson Gooding v Juliette Gooding (As Executor of the Estate of Archibald Gooding, Deceased)- Judgment 12