Anthony Chaytor died in 2018 aged 84 having married four years earlier a woman twelve years younger, this after a lifetime as a bachelor. A legal firestorm followed as his widow fights six of his nieces over control of an estate valued in excess of $15 million.
The nieces are suspicious of Dorothy Radich-Chaytor’s late arrival on the scene and covert marriage to Mr Chaytor. Living in Marlborough, their wedding took place in a Christchurch registry office with none of Mr Chaytor’s friends or relatives present. The marriage was kept hidden from family. Prior to the wedding, Mr Chaytor suffered a stroke.
The High Court was told Mr Chaytor’s will provides for half of his estate going to his widow, the balance divided between his nieces and charities. During her lifetime, his widow has the right to occupy the nearly 475 acre Marshlands property near Blenheim with all costs met by the estate. Even before Mr Chaytor’s death, there were tense negotiations between Dorothy Radich-Chaytor and the nieces over dispersal of Mr Chayton’s assets. They agreed to a private re-distribution of his assets, regardless of what his will stated. This private agreement is the subject of ongoing legal action.
Tensions accelerated after Mr Chaytor’s death, starting with an argument over who would handle the estate. Mr Chaytor’s will is not yet legally operative; disputes have delayed probate being granted by the High Court. Nieces allege Dorothy is mismanaging estate assets and taking money she is not entitled to. One named executor resigned. Dorothy as the other named executor agreed she would not apply for probate; a replacement executor was required. The nieces recommended Perpetual Trust Ltd. Dorothy objected. She wanted Trustee Executors Ltd. The High Court was asked to decide.
Justice Grice appointed Trustee Executors. Both trustee companies are capable of doing the job, she said. Everyone has to work with the appointed executor and Dorothy’s distrust of Perpetual, for whatever reason, meant it was expedient to have Trustee Executor appointed, Justice Grice decided.
The extent to which Mr Chaytor’s will is implemented depends on current litigation over the earlier private agreement between his widow and his nieces. The High Court was told the nieces claim Dorothy agreed to give up rights under the will in return for a one-off payment of $5.5 million plus part of Marshlands.
Hall v. Radich-Chaytor – High Court (5.03.20)
20.048