By Innocent Anaba

THE second son of late naturalised Nigerian from Venlo, The Netherlands, Jacobus Roomans, Mr Simon Roomans, has insisted on the lack of testamentary capacity on the part of his late father at the time the purported Will of July 5, 2022, was made.

Simon is before a Lagos State High Court sitting at Tafawa Balewa Square, challenging the purported will of his late father, dated July 5, 2022.

Trial judge, Justice Oyebanji had on January 23, 2025, ordered parties in the suit to maintain status quo ante bellum.

The judge made the order after hearing argument and counter-argumet for an injunction in the matter.

Claimants in the matter is the child of late Jacobus Roomans, Simon Roomans, and Kyle Roomans and Daniel Roomans, his grandchildren suing as next of kin of Jacobus Roomans entitled in the event of an intestacy.

Defendants are Mr Luke Ilogu, SAN, Mr Stanley Onuosa (sued as executors appointed by the purported will dated July 5, 2022, Ms. Maria Mahat, Master Romario Roomans (sued as sole beneficiaries) named in the purported will dated July 5, 2022) and the Probate Registrar, High Court of Lagos.

The 3rd defendant, Maria Mahat had in her counter affidavit, stated that Jacobus Roomans was of sound mind when he made the will being challeged.

But Simon Roomans in a additional statement on oath, stated: “All the medical reports that Maria Mahat relies on in this case recognise the fact that my late father suffered from a cognitive disorder, which deteriorated over time.

“It is only the medical report contrived by one Dr. Rahmaan Lawal that sought to put a spin on this, alleging contrary to all the other reports, that what my late father suffered from was pseudo-dementia, which was cured by the time he examined him in 2022.

“I dispute the conclusion reached in each of these medical reports to the effect that this degenerative and deteriorating cognitive disorder did not affect his testamentary capacity, and I will rely on the expert report prepared by Prof. Olayinka Atilola dated June 5, 2025, in which he analyses and identifies the flaws and inconsistencies in these medical reports and maintains his conclusion in his initial expert report that my late father suffered significant cognitive impairment that affected his testamentary capacity.

“I also rely on the expert report of Prof. Atilola where he finds that my late father’s cognitive impairment rendered him susceptible to the undue influence of Maria Mahat and that the evidence establishes that he was indeed unduly influenced by Maria Mahat.

“With specific reference to Maria Mahat assertion that my late father’s mental illness had no effect on his testamentary capacity and that he had adequate awareness of his business, his wealth, family members, etc, I will quote from the report prepared by one of the medical doctors who examined my father on December 13 and 27, 2019, Dr. Ung Khean.

“Although the examination was carried out for the purpose of determining my late father’s litigation capacity in relation to the divorce proceedings between him and my mother and not his testamentary capacity, and although Maria Mahat has made heavy weather of the fact that the threshold for litigation capacity is much higher than the threshold for testamentary capacity, the detailed findings made by Dr. Khean are revealing.

“In relation to the visit on December 13, 2019, Dr. Khean found that: “he struggled to momentarily to recall his address (and ultimately provided me the wrong street number …He was unable to provide me the actual unit number of his apartment.”

Simon is challenging the validity of the purported will dated July 5, 2022, on the grounds amongst others that his late father had been suffering from mental incapacity since in or about the year 2010, and did not have testamentary capacity to have made the purported will dated  July 5, 2022.