The
last will of longstanding Akaroa identity Frank Sheward was invalidated because
of the undue influence of caregiver Pru Downes in having his final will
rewritten to benefit her family trust.
Her family trust still stands to receive some $500,000 under an earlier
will now admitted to probate.
Frank Sheward died in 2013 in his late
eighties owning a house and 6.5 acres on Rue Balguerie at Akaroa. He was a widower for the last ten years of
his life and had no children. On his
death he left two wills dated four days apart, signed some five months before
he died. The first left Rue Balguerie to
his neighbours: Alistair and Neroli Davidson.
Mr Davidson, formerly officer in charge of the Akaroa police station,
had known Mr Sheward for twenty years.
The latter will saw the property being divided between the Davidsons and
the Downes family trust, a trust established for the benefit of Pru Downes and
her family. Ms Downes had been Mr
Sheward’s caregiver for the last three years of his life.
The High Court was told Ms Downes was
initially contracted through Access Home Health in late 2009 to assist Mr
Sheward. Later the Access link was
severed and Ms Downes came to her own private arrangement with him for personal
care and domestic assistance. The extent
of this arrangement became a matter of concern in the local community with
suspicions she was taking personal advantage of a lonely vulnerable old man. There was evidence of gifts of a $50,000
Subaru Forrester, a ride-on lawnmower and payments by cheque for Ms Downes
medical and dental expenses, payment of school fees, a substantial Christmas
bonus for Ms Downes together with air fares for her children to visit in Akaroa
and a gift for a granddaughter. His
Farmlands Co-op account was used to purchase petrol and clothing that Mr
Sheward was unlikely to want or to need.
There was talk of Mr Sheward becoming godfather to her children. Her children were then in their fifties.
The High Court was told of growing
suspicion and animosity between Ms Downes and the Davidson neighbours. Asked at one point by Mr Sheward to handle
his tax accounts, Mrs Davidson became uneasy about the manner in which Ms
Downes appeared to be handling Mr Sheward’s financial affairs. There was evidence Ms Downes actively intervened
to keep the Davidsons away from Mr Sheward in his final days.
Following Mr Sheward’s death, the High
Court was asked to rule on the validity of his final two wills: one signed on
14 April 2013, the second on 18 April 2013.
His 14 April will, drafted after several
meetings with his lawyer, left Rue Balguerie to the Davidsons. Ms Downes told the High Court the lawyer got
it wrong. Mr Sheward had been
considering a subdivision of his 6.5 acre property for some time, with the
Davidsons interested in buying some five acres.
Ms Downes, meanwhile, had raised with Mr Sheward the possibility of her
daughter building a house at the back of the property and her daughter providing
continuing care for Mr Sheward should she no longer be capable of doing so. Ms Downes daughter lives in Palmerston North
where she runs a landscaping business.
Evidence was given that the 14 April will
was sent back to the lawyers within a day of signature, handwritten annotations
on it in Mr Sheward’s writing indicating the Downes family trust was to share
in the property. Lawyers promptly
returned a revised will with the words “draft” and “copy” stamped on the document
for Mr Sheward to check. The court was
told Ms Downes immediately took Mr Sheward down to the local chemist where two
staff were asked to witness his signing of this draft which then became the 18
April will.
Justice Dunningham ruled the 18 April
will invalid. She said the 18 April will
was signed in unorthodox circumstances.
Mr Sheward had little knowledge of what he was signing. There was evidence Mr Sherward had very
limited reading and writing skills and was probably dyslexic. The 18 April will was invalidated by Ms
Downes undue influence, Justice Dunningham ruled. Ms Downes had encouraged Mr Sheward’s high
level of dependency and had encouraged Mr Sheward to regard her family as a
surrogate family.
The 14 April will was admitted to probate
as Mr Sheward’s final will. Downes
family trust is the residuary beneficiary.
Lawyers estimate the residue could amount to $500,000 or more.
Re
Sheward – High Court (15.08.16)
16.129