(CMR) The Grand Court has revoked the Grant of Probate for the 2009 Will of former Tortuga owner Robert Hamaty and has accepted that his 2019 Will, which makes provision for all five of his grandchildren, was his last wish.
The judgment, which was published on October 9, 2023, comes after Hamaty's daughter Monique Hamaty-Simmonds and son Basil Hamaty, children from his first marriage, filed documents requesting that the court granted probate for Hamaty's 2019 Will instead of a 2009 Will. The court had initially granted probate for the 2009 Will.
The defendants in the matter included Hamaty's second wife, Sylvia Carlene Hamaty; his brother, Frederick Hamaty; and his nephew, Neil Hamaty.
In 2009, Hamaty only had three grandchildren whom he made provision for in that will. In 2019, there were two additional grandkids and additional properties not provided for under the 2009 Will.
Following Hamaty's death, there were questions as to whether there was a valid will that revoked the 2009 Will, as the original copy of the second will was not found. However, the court determined that a 2020 Codicil was validly executed and attested and that it effectively confirmed and republished the second 2019 Will. As a result, the court ordered that the copy of the 2019 Will be probated.
“The court has determined that the 2020 Codicil and the 2019 Will were Robert's last testamentary documents. The 2009 Will has effectively been revoked, and the grant of probate in respect of it has been revoked,” the judgment stated.
Robert Hamaty owned and operated Tortuga Liquor retail stores and associated rum cake company for many years after retiring as a pilot. Hamaty started out as a pilot at Cayman Airways in 1978 but soon realized his passion for entrepreneurship. He met Sylvia Carlene Hamaty in the early 1980s before forming Tortuga Rum Company Ltd. in 1984. They got married in 1988. They introduced the first rums of the Cayman Islands to appeal as a souvenir to the growing tourist and cruise passenger business.
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