Kate Hagan
October 28, 2008
THE family of an elderly Mount Martha woman who left her $15 million fortune to her neighbours were disgruntled because they were left out of her will, a court has been told.
Russell Berglund, QC, said Elsbeth "Betty" Dyke was fond of the neighbours, who looked after her for the last 20 years of her life, and wanted to help them. "Miss Dyke was a formidable woman who knew what she wanted and took steps to ensure she got (it)," he said.
Miss Dyke, a spinster who suffered dementia, lived alone on her 17-hectare property with her dogs and exotic birds until she moved into a nursing home in 2002. She died in 2004.
Mr Berglund said Miss Dyke's relative, Julie Anne Nicholson, considered the Mount Martha land as her family's inheritance and became upset when she found Miss Dyke had left them nothing.
Mrs Nicholson told the Supreme Court yesterday that neighbours Tim and Denise Knaggs had formed a "business venture" with the late solicitor Brian Kollias, who prepared Miss Dyke's 2001 will.
In a letter to Mr Kollias after Miss Dyke's death, Mrs Nicholson wrote: "You have … helped people steal our land. That land belongs to our family."
Asked in court if Mr Kollias was part of a grand conspiracy to defraud her family of the property, she responded: "Exactly."
Mrs Nicholson said Mr Kollias had orchestrated a "scam" by confusing Miss Dyke with constant questions about her will and falsely telling her she was leaving most of her estate to charity.
Mr Berglund said Mrs Nicholson's theory was "pure fantasy" and she did not have "one iota of evidence" to back it up.
Mrs Nicholson is challenging the will along with Miss Dyke's friends John and Judith Bailey, the Lort Smith Animal Hospital, the Blue Cross Animal Society and Deaf Children Australia.
In her will Miss Dyke left $5 million each — close to her entire estate — to neighbours Timothy and Denise Knaggs, Robert and Sandra Allen, and Gary and Diane Smith.
The case continues.
Abridged
SOURCE: The Age
--------------------------------------------------
I've the following questions:
- With all the wealth, how was this poor lady treated; and who looked after her the last few years of her life?
- Did the lawyer, who prepared the last will, took measures to ensure that there would not doubt about the woman's mental capacity? And, did he take steps to ensure that there were NO 'Undue Influence'.
Simple, but fair questions. With aging population affecting many countries, there should be uniform approaches and safe-guards, that lawyers are required to do; when called upon to prepare documents e.g. will and/or power of attorney.
AC
--------------------------------------------------
No comments:
Post a Comment