Some children of the late Justice of the Supreme Court, Dr. Seth Twum, are contesting the validity of a will purported to have been left behind by their deceased father.
The will is being contested by two of the deceased six surviving children – Abena Twum and Esther Twum (Plaintiffs).
The late Justice originally had seven children – the first child is late, Esther (second), Abena (third) and Evelyn (sixth).
The Plaintiffs are challenging their half siblings (Defendants), Audrey Twum (forth and a lawyer) Seth Kwame Twum (fifth) and Leonora Nana Yaa Twum (seventh) and their mother Julie Twum.
Plaintiffs state that their respective mothers were not married to their father at the time they were born, however, Madam Julie was their late father’s legal wife.
The Will, being contested at the High Court, allegedly makes no mention of the Plaintiffs in the sharing of late Justice Twum’s Estate, that are reportedly made up of land, investments and monies in his Barclays Bank Ghana and United Kingdom accounts.
These properties include a Cantonments building leased to Free Zones Authority, ICON property, adjacent the American Embassy, a double plot at Trassacco Valley, a residential property at East Legon, as well as a piece of land at Abelenkpe, all in Accra.
Writ of summons
In the writ of summons filed in January, this year, the Plaintiffs claimed that the Defendants, who are the alleged Executors and Trustees of the purported Will, might have altered it.
The legal action also comes just a year after the death of their father on May 25, 2022 and burial on July 2, 2022.
According to their claim, the circumstances under which the purported will of the deceased was deposited at the High Court Registry on June 7, 2022 and read on December 21, 2022 was a forgery, invalid, null and void.
They are, therefore, praying the High Court for an Order of Injunction to restrain the Defendants, their Assigns and Privies, Agents, Servants, Workmen, Allottees, Grantees and Successors in interest, other Alienees and Relations whatsoever and howsoever described from dealing with all properties of Dr. Seth Twum (deceased), until Letters of Administration have been granted.
The Plaintiffs are also seeking from the Court an order for accounts on the properties of late Dr. Seth Twum in the possession of the Defendants.
Lastly, an award of cost of the action, including Solicitor’s fee.
Contention
According to the Plaintiffs, prior to the death of their father, they had an excellent relationship with him, although they were not allowed to visit him ever, in his house.
The Plaintiffs stated that their father supported them through education, living expenses and walked each one down the aisle for their weddings and paid for their weddings too.
Nevertheless, after their father’s burial, the 1st Plaintiff caused a search to be conducted at the Probate Division of the Accra High Court to ascertain whether their father left a Will, after she saw that her father’s property was being advertised for sale.
The search revealed that the purported Will was deposited at the Registry by their late father’s Law firm (Dr. Seth Twum & Associates) by a junior Clerk, one Daniel Asiedu, on June 7, 2022 on the instructions of the senior Clerk, Audrey Twum.
Plaintiffs state that in an interview with Lawyer Safo Kantanka, a lawyer working at the Law firm, he denied knowledge of the purported Will. He also did not cause it to be deposited at the Registry of the High Court probate division.
Again, the Plaintiffs contended that the purported Will had cancellations on some of the clauses without authentication and question marks at the side of some the devices/bequest.
The Plaintiffs also doubt the authenticity of the deceased’s signature and, therefore, referred to it as forgery. They are also challenging the circumstances under which the said Will was deposited on July 7 and read on December 21, 2022.
Suspicion
According to the Plaintiffs, the deceased stopped going to work two years before his death, and alleged that a year before their father’s death, Audrey Twum asked the senior Clerk if he had ever deposited a Will at the court for their father.
Also, sometime in or about September 2020, Audrey went to the Law firm and packed out some of their father’s books, important documents and personal property from his office, but left the desk, in which the purported Will was found.
According to the writ, after the death of Plaintiffs’ father, Audrey Twum directed the senior clerk to search the law firm for the Will of their father.
It was stated that after the purported Will was found after two days of searching and the clerks immediately informed Audrey, he was directed to deposit same at the court Registry.
It is the Plaintiffs’ case that the contents of the will are inaccurate, falsified and forged.