In the four years prior to his death in July 2015, John Hunt as trustee of the Twiss Family Grandchildren’s Trust misappropriated $181,000 with payments into his own bank accounts. His widow was ordered to repay $146,000, trust monies which her late husband paid into a joint account she had access to.
The Twiss Family Trust was established in 1991 by Margaret and Richard Twiss. It came to an end in August 2016 with descendants Thomas and Simon Young final beneficiaries. They discovered substantial defalcations made by the late John Hunt when he was a trustee. They sued his widow, Jennifer Hunt. Associate judge Johnstone ruled she was liable to repay $146,175 paid by her late husband into a joint account he shared with her. On her husband’s death, she gained sole ownership of the account by survivorship. Ms Hunt said she had no knowledge of her late husband’s theft. She was an innocent party, she said. On her husband’s death she was left in a poor financial position; was forced to sell the family home and is now living in rented accommodation with a pension her only income.
Judge Johnstone said Ms Hunt was liable to repay the $146,000 jointly received on grounds she had been unjustly enriched. Any lack of knowledge about where the money came from was of no relevance.
Legal action is pending against Mr Hunt’s estate for the remaining $35,000 he paid into a bank account in his sole name.
Young v. Hunt – High Court (1.11.19)
19.181