A
total of $1.09 million was wrongly taken the High Court ruled ordering Stephen
Jackson and wife Linda hand back funds belonging to Stephen’s late mother’s
estate pending a court hearing over the validity of her will.
The Jacksons moved from
Auckland to Queensland after taking the money and have been actively avoiding
service of court documents, the High Court was told. Ivy Jackson died in April 2015 aged 91. Raymond, one of two surviving children, was
surprised to learn brother Stephen and wife Linda were sole beneficiaries of
Ivy’s estate and named as executors of her will. He alleges the will is invalid because of
undue influence by Stephen. Raymond
claims not only did the Jacksons seize all cash held by their late mother and decamp
to Australia, but Stephen also used enduring powers of attorney whilst their
mother was alive to clean out her bank accounts and sell her home cheaply when
she shifted to a rest home. Raymond sued
to recover estate assets, with a further court hearing to follow on the validity
of Ivy’s last will.
Associate judge Bell
said it was a breach of fiduciary duty for Stephen to use for his own benefit
an enduring power of attorney which was supposed to be used by him solely for
his mother’s benefit. The uncontested
evidence was that Stephen improperly took some $756,700 from his mother’s ANZ
and Westpac bank accounts whilst she was alive.
He also sold his mother’s Forrest Hill home at an undervalue, Judge Bell
ruled. In her last will dated January
2014, Ivy stated the Forrest Hill home was to be sold on her death and divided
equally among her children. In fact,
Stephen had used his mother’s enduring power of attorney to sell the house two
days earlier at a price of $670,000; it was no longer Ivy’s to pass on by will. The house was resold rapidly in the following
months: for $795,000 two months later in March 2014; $913,000 in November 2014. Stephen was ordered to repay into his late
mother’s estate a total of $836,725.
Stephen and his wife Linda were ordered jointly to repay $258,255, being
money taken from Ivy’s bank accounts after she died. By not getting probate as executors of Ivy’s
will, they did not have authority to seize the money and give it to themselves
as beneficiaries.
[Post judgment note: in May 2018 the High Court set aside Judge Bell's ruling. Stephen Jackson said that he had no knowledge of brother Raymond's legal action and that he did not actively avoid service of court documents. He is registered in Queensland as a property owner and is on the electoral register. A rehearing is required if the family dispute is not settled out of court.]
[Post judgment note: in May 2018 the High Court set aside Judge Bell's ruling. Stephen Jackson said that he had no knowledge of brother Raymond's legal action and that he did not actively avoid service of court documents. He is registered in Queensland as a property owner and is on the electoral register. A rehearing is required if the family dispute is not settled out of court.]
Jackson
v. Jackson – High Court (3.05.17)
17.038