Ex-cop tells of will 'rush'
By Norrie Ross
November 12, 2008
AN ex-police inspector said yesterday his wife started preparing guardianship papers for millionaire Betty Dyke the day after the elderly spinster was admitted to hospital with dementia.
Tim Knaggs, giving evidence in a Supreme Court will battle, said that within days he had sent copies of Ms Dyke's will to two other couples, who along with him and his wife were the main beneficiaries of her $15 million estate.
He said he and his wife Denise, who jointly received $5 million from the estate, had been advised by a solicitor to move quickly.
Richard Kendall, QC, suggested to Mr Knaggs in cross-examination that he and his wife had moved quickly to "control the situation" because of their stake in the will.
"Something had to be done. We were extremely rushed for time," Mr Knaggs said.
Mr Kendall quizzed Mr Knaggs about a legal document with a stamp in one corner, dated January 12, 2001, that stated Denise Knaggs had power of attorney over Ms Dyke's financial affairs.
Mr Kendall suggested the date was the same day Ms Dyke had signed her final will, of which the Knaggs, along with Gary and Diane Smith and Robert and Sandra Allen -- all the old lady's neighbours -- were the major beneficiaries.
Mr Knaggs denied that Ms Dyke had been unable to manage her financial affairs when she made the will.
Julie Nicholson, who is a second cousin of Ms Dyke, along with two friends of Ms Dyke and three charities, are contesting two wills, made in 1999 and 2001.
They have asked the court to revoke probate and to grant probate on her original 1985 will, alleging that dementia, ill-health and overuse of painkillers had made Ms Dyke incapable of giving independent instructions.
Abridged
SOURCE: The Herald Sun (Vic)
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Please note that as the case is still going through court process; All parties mentioned should be taken as INNOCENT unless proven guilty in court.
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