Vilmos Gaitz arrived in New Zealand as a teenager fleeing the abortive 1956 Hungarian uprising against Russian domination. On his death in 2021, a daughter of his first marriage successfully challenged benefits Vilmos’ fifth wife Gizella claimed under his will. Gizella was described as controlling, isolating Vilmos from his family and scheming to take control of his assets.
The High Court was told of changes to Vilmos behaviour after his 2009 marriage to Gizella. The two met when Vilmos travelled back to Hungary for a holiday. They were distantly related. Soon after their marriage, Vilmos transferred a half interest in his Panmure property to Gizella and then in 2011 changed his will to give her a life interest in his estate on death with the balance of his estate to go to his three children on her death.
Evidence was given by daughter Bilynda that after Gizella arrived in New Zealand regular contact with her father was curtailed dramatically. Gizella refused access to the house, would not answer the phone and declined all invitations for her and Vilmos to attend family gatherings. Bilynda and her daughter got to see Vilmos in late 2014 after he made an urgent phone call. They found Vilmos distressed, claiming Gizella was stealing all his money and threatening divorce unless he transferred all his assets into her name. They were told Gizella was sending his money to her adult children living in Hungary. Bilynda took her father to the bank to have Gizella removed as signatory to his bank account, learning later that Gizella had taken Vilmos back the next day to be reinstated as signatory. The 2014 meeting between Bilynda and Gizella ended in a screaming match with Gizella throwing a chair at Bilynda’s daughter.
Discovering in 2019 that Gizella had travelled to Hungary alone on holiday, Bilynda tried to contact her father, failing to find him at his Panmure home. Nearly two years later, Bilynda learnt he was in a rest home with instructions from Gizella that family members were not to have contact and not to be told when Vilmos’ died. On her father’s death, Bilynda found there was a 2015 will in existence that left all assets to Gizella. Bilynda challenged the will.
Justice Lang ruled the 2015 will invalid on grounds of undue influence by Gizella. She deliberately isolated Vilmos from his family to advance her own financial interests, he said. Justice Lang was critical of the lawyer drafting Vilmos’ 2015 will who took instructions from Vilmos while Gizella was present and who did not speak to Vilmos alone. Evidence was given that Gizella arranged for a friend to also be present at the lawyer’s office, supposedly to provide English/Hungarian translation for Vilmos benefit. Bilynda told the court Vilmos spoke English, it was Gizella who was not fluent.
Gizella did not attend court to defend Bilynda’s claim. Striking down the 2015 will leaves the earlier 2011 will as Vilmos’ final will. Gizella receives a life interest in his estate; on her death Vilmos’ children inherit a half share of the Panmure home.
re Estate of Vilmos Gaitz – High Court (24.08.22)
22.150