Jun 19, 2008 News Comments Off on Lawyer’s clerk estate fraud case…
The female clerk of deceased attorney, Henry Desmond McKenzie-Agard, who is accused of embellishing his Will, swindling his savings and naming herself executrix of his estate, is yet to file her affidavit in reply.
The woman, Dianne Williams, was served with an injunction granted by Justice Winston Patterson during a chamber hearing on May 11.
Attorney-at-Law Gaumattie Singh had filed the ex parte application on behalf of the dead man’s son, Lester Agard.
Singh was subsequently doused with a corrosive liquid on May 28 as she sat in her car at a fuel station.
She has been admitted to a hospital in Trinidad and Tobago where she is undergoing corrective surgery for a damaged eye.
Police are currently trying to locate a male relative of Williams whose car was subsequently found after the incident.
At the second hearing on June 3, Williams was represented by Attorneys-at-Law Fitz Peters and Abiola Wong-Inniss who requested more time to file an affidavit in reply.
The lawyers were given until June 17 but Peters returned Tuesday and requested additional time.
The defendant has now been given until July 22 to respond to the plaintiff’s claims.
Attorney-at-Law Robert Ramcharran appeared on Singh’s behalf at the second hearing while attorney-at-law Dolly Sookdeo appeared in association with the injured lawyer.
Williams, for the past 15 years, was employed as legal clerk to McKenzie-Agard who died at his 95 Garnett Street, Lamaha Gardens residence on April 2, 2008.
The injunction restrains Williams from interfering or meddling with any of the dead man’s assets.
It also restrains Hand-in-Hand Trust Company from disbursing any monies from McKenzie-Agard’s fixed deposit account.
Lester Agard is also seeking an order that three ‘Wills and testaments’ dated June 7, 2001, May 21, 2004 and December 14, 2007 are null and void.
The younger Agard, who resides in London, insists that his father died intestate (without leaving a Will).
In an affidavit, Agard said he is one of two beneficiaries and administrators to his father’s estate.
Agard stated that the other beneficiary is his sister, Lesley Agard-Disan, who left for the United States 30 years ago.
The man’s son claimed that at the time of his death, his father was a widower with only two children.
Lester Agard listed his father’s major assets as a fixed deposit account, a plot of land at 97 Area J Lamaha Gardens, and a property at 95 Area J Lamaha Gardens.
Upon his father’s death, Agard said he found three last Wills and testaments made by him during his lifetime.
Assessing the construction of the Wills, Agard said he became suspicious that they were constantly upgraded to the benefit of Dianne Williams.
The second Will was even lodged by Williams with the Probate Registry.
Even more coincidental is the fact that one of the witnesses, Maureen Springer, was present in the year 2001 when the first Will was made to sign as a witness and again in 2004 to sign as a witness when the second Will was made, Agard observed.
He added that it was suspicious that the witnesses to the third Will signed on a sheet of paper with no writing.
The dead man’s son said he believes that his father was not aware that he was signing a Will and may have thought his signatures were pertinent to documents of his clients.
One of the Wills even suggests that Agard bequeathed his office, which he rented from the brother of a Judge, to Williams.
“I am confident that my father would not have given any of his assets to the defendant especially since he was aware that she had literally exhausted his savings account with another bank using the Automated Teller Machine (ATM) Card.”
Agard said after learning that he was being swindled, his father ceased all substantial business using the account.
On April 23, 2008, Agard said he filed a caveat in the Registry on the estate of his father.
According to the plaintiff, the Wills were made under suspicious circumstances and with intent to defraud the estate.
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