A. INTRODUCTION

1. This judgement disposes of both Testamentary Suits. They were heard together. Although Affidavits in lieu of Examination-in-Chief were filed separately in each, and the two cases deal with separate Wills, the cross-examination was taken together, and the witnesses were common to both. Testamentary Suit No. 12 of 2006 seeks probate to the last Will and Testament dated 22nd January 1999 of one Eliza Anthony Soares (“Eliza”). Testamentary Suit No. 19 of 2008 seeks probate to the last Will and Testament also dated 22nd January 1999 of Eliza’s husband, Anthony Xavier Soares (“Anthony”). Both Wills are registered. The only ground of opposition to both Wills is that the Plaintiff, one of the children of Eliza and Anthony, and also the sole Executor (and the largest beneficiary) in each Will, procured the Wills by exercising undue influence on his parents. I heard Mr. Shah for the Plaintiff and Mr. D’Souza for the Defendants at some length. After considering the evidence and the material on record, I have decreed both suits. My reasons follow.

B. FACTUAL BA