Successful Outcome in Estate Dispute – Supreme Court Upholds Valid Will

We are pleased to share a favourable ruling in the matter of Barbara Moss v Timica Moss, a contested probate proceeding before the Supreme Court of The Bahamas. Mrs. Doneth A. Cartwright and Mr. Ian W. A. Cargill, Jr. of our offices assisted Ms. Moss.

In a judgment delivered by Madam Justice Camille Darville-Gomez, the Court held that the testamentary document executed in 2020 constituted a valid and enforceable Will. The Court found that this document revoked an earlier 2018 Will and confirmed that the deceased, David Moss, possessed the requisite testamentary capacity and intention at the time of execution.

As a result, the Court dismissed the application to probate the 2018 Will and granted our client’s application to admit the 2020 Will to probate.

The decision highlighted key principles of Bahamian probate law, including the presumption of revocation and the importance of compliance with formalities under the Wills Act.

We extend our thanks to our client for her trust and commend our litigation team for their thorough preparation and advocacy throughout the proceedings.