Judge Rejects Control Bid in Asot Michael Estate Dispute but Grants Son More Time
The High Court of Justice in Antigua and Barbuda has refused to hand temporary control of the late Asot Michael’s estate to either his son or his sisters, dismissing their competing applications for a special interim grant. But in a decision delivered by Justice Nicola Byer, the court granted Nigel Michael an extension of time to file his reply in the case, while also striking out some of his allegations and refusing his attempt to amend his pleadings.
At the centre of the case was a request for a grant ad colligenda bona—a limited authority that allows someone to preserve an estate’s assets pending the outcome of a full probate trial. Both sides argued they should receive the grant.
Nigel Michael, the deceased MP’s only son, claimed parts of his father’s property were left outside the contested 2021 will and needed safeguarding under intestacy law. He accused his aunts, Teresa-Anne and Soraya Michael, of intermeddling in the estate without accountability. The sisters countered that, as named executors, they were more trustworthy and had already spent their own funds to keep the estate intact.
Justice Byer rejected both positions, ruling that neither side demonstrated the exceptional circumstances required. “The evidence did not meet the threshold of any matter that needed to be dealt with to prevent waste or dissipation of the assets,” she said. The applications for the grant were dismissed with no order for costs.
The court was more sympathetic to Nigel Michael on the issue of his late filing. His reply to the amended defence was lodged nine days past the April 30 deadline. He argued the delay stemmed from receiving the will late, needing to verify property details, and consulting witnesses.
The judge found the delay modest and accepted that he had been actively seeking information. She therefore deemed the reply properly filed, noting that the defendants would suffer no prejudice. The court awarded Nigel Michael $500 in costs on this application.
However, Justice Byer dismissed his bid to amend the reply to introduce new arguments, including the doctrine of lapse concerning gifts left to beneficiaries who predeceased the testator. She ruled that such changes amounted to new claims that should instead be made by amending the original claim, not in a reply. Allowing them, she said, would severely prejudice the defendants, who would have no right to respond.
The sisters’ counter-application to strike out parts of the reply was partly successful. The judge ordered the removal of sections that alleged the will was a forgery, introduced new claims, or included irrelevant or scandalous material. Other paragraphs, particularly those responding directly to the defence, were permitted to stand.
Justice Byer expressed disappointment that the parties had not sought compromise on procedural issues. She awarded the defendants $500 in costs for their partial success on the strike-out application but refused costs on the interim grant requests.
The case forms part of a broader battle over the validity of a will dated March 2021. Nigel Michael maintains his father lacked capacity to make it because of intoxication and poor health, while his aunts insist it reflects their brother’s wishes.
With interim control denied and amendments curtailed, the dispute over one of Antigua and Barbuda’s most high-profile estates is set to continue through further hearings.
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