13 August 2015

Estate: Public Trust v. Vernon

After a 91 year old war veteran died with only $1400 in the bank, the Public Trust questioned what happened to assets amounting to $330,000 he owned five years previously.  The High Court ordered his son and daughter-in-law return $280,000 they had wrongly taken.
Ashley Vernon was held liable for undue influence, unconscionable conduct and breach of fiduciary duty in fleecing his elderly father Kenneth at a time when he was supposedly looking after his father’s interests.  Ashley’s wife Beverley was held liable for knowingly assisting.
The High Court was told that father Kenneth had managed hotels in the west coast of the North Island and in the Waikato following his war service.  After his wife died, Kenneth came to live in the Wellington suburb of Tawa with Ashley, his surviving child.  A second son had died just six months prior to his wife’s death.  There was medical evidence that Kenneth was in poor health: depressed following the deaths of his son and then his wife; having difficulty with both hearing and sight; and requiring some assistance with showering and dressing.  He stayed with Ashley for 30 months before spending the last three years of his life in a rest home.  Ashley held an enduring power of attorney for his father.  There were two beneficiaries of Kenneth’s estate, each to take one half: Ashley and his nephew Dante (the son of his deceased brother).  Solicitors for Dante took action when Ashley became unhelpful and evasive about Kenneth’s estate.  The Public Trust was appointed to take control.  Its investigations were met with similarly unhelpful and evasive replies about what had happened to Ashley’s father’s assets.  The High Court was to later rule that Ashley’s evidence was untrustworthy, at times an incomplete or adjusted version of the truth and that many answers were patently self-serving.  Justice Kos found evidence of Ashley having forged cheques in his father's name, making false WINZ subsidy applications and dipping into his father’s bank account with what were described as a series of illogical and inexplicable bank transfers into Ashley’s family joint bank account.  There was evidence of a motor vehicle supposedly purchased by Kenneth but used by Ashley and his family, of money supposedly withdrawn for holidays taken by Kenneth when no holiday was ever taken, of funds sourced from Kenneth’s account to assist Ashley’s daughter in the purchase of a home and of excessive withdrawals of cash to meet Kenneth’s living expenses.
Justice Kos ruled that Ashley deliberately transferred nearly all his father’s assets to himself and his wife during his father’s lifetime, being aware that his father’s will provided for the estate to be split two ways, with Ashley getting half only.  From the $340,000 taken, an allowance was made for expenses actually incurred caring for his father with Ashley and his wife ordered to repay $280,354.
Public Trust v. Vernon – High Court (13.08.15)

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