Will case dementia claim
By Norrie Ross
November 08, 2008
A WOMAN left millions of dollars by a neighbour admitted the elderly spinster had been "losing her marbles" for years, a court heard yesterday.
Retired farmer Stuart Spunner said he and his daughter, Denise Knaggs, visited millionaire Betty Dyke in 1999 or 2000 to deliver a prescription.
Mr Spunner said he was shocked when he saw Ms Dyke on her Mt Martha property, describing her as a "frail, bent-over lady".
He said Mrs Knaggs introduced him as her father to Ms Dyke but the old lady never looked up and continued to stare at the ground.
Mr Spunner said his daughter then told him "she's been losing her marbles over the past five years".
The Supreme Court will dispute case has heard Ms Dyke made wills in 1999 and 2001 that left the bulk of her estate to Mrs Knaggs, husband Tim and other neighbours.
Mr Spunner said he asked Mrs Knaggs why she was wasting so much time working around Ms Dyke's property. "Denise said 'why don't you mind your own business'."
In her original 1985 will Ms Dyke left most of her money to animal charities, but in two subsequent wills she left $5 million each to Mr and Mrs Knaggs, Robert and Sandra Allen, and Gary and Diane Smith.
She died in a nursing home in 2004, aged 84.
A medical expert told Justice Peter Vickery yesterday it was likely Ms Dyke was suffering dementia when she made the 1999 will. Consultant neuropsychiatrist Dr John Lloyd said his opinion was based in part on a diagnosis that Ms Dyke had severe Alzheimer's disease when admitted to Frankston Hospital in June 2002.
He also noted accounts of Ms Dyke's behaviour in the preceeding years from family and friends, who gave evidence she had withdrawn into herself, was obsessive and forgetful, and had ceased to bathe or care for herself properly.
Dr Lloyd said if he'd been asked to examine her at the time to determine if she were capable of making major changes to her will he'd have had concerns she was a victim of coercion or undue influence.
Julie Nicholson, a second cousin of Ms Dyke, two of Ms Dyke's friends and three charities are contesting the will, and have asked the court to revoke probate and grant probate on her original 1985 document.
The hearing is expected to continue on Monday.
Abridged
SOURCE: The Herald Sun
---------------------------------------------------
Click for Updates, More Cases and Resources
No comments:
Post a Comment