David Speller died one day short of his seventy-seventh birthday after marrying three times and leaving multiple wills variously disputed as being signed at a time he either lacked mental capacity or was under the influence of long-term care giver, Michelle Campbell.
On one side: two children from his third marriage, Mathew and Amanda, each of whom were left no more than several thousand dollars in various wills with a clause in each will explaining why: their lack of regular contact; previous provision of some financial help; and Mr Speller’s desire to prefer those who had cared for him in his later years.
They were teenagers when their parents separated.
On the other side: Mr Speller’s former neighbour, Michelle Campbell, who for some sixteen years had assisted as his dementia progressed, providing daily meals, doing his laundry, driving him to shopping and appointments, and helping with banking.
During this time, Mr Speller was living at Ruawai, near Dargaville.
The High Court was told his estate is valued at about $265,000. In dispute were wills dated 2015, 2017 and 2018. The 2015 will, signed five years before his death, was upheld as Mr Speller’s final will.
Terms of the 2015 will give half the residue of his estate to caregiver Michelle, the other half to daughter Sonya, the child of his first marriage. Sonya, together with Mathew and Amanda, receive gifts of $5000 each.
Mathew and Amanda sought to invalidate all three wills. If successful, an earlier 2005 would operate, having them share equally with Sonya as residuary beneficiaries of the entire estate, receiving some $88,000 each.
The High Court heard extensive medical evidence as to Mr Speller’s ongoing health and mental capacity. He suffered a series of head injuries starting as far back as 1970 from cycling accidents, a car accident and a work accident.
By 2015, the medical evidence was that his long-term memory was excellent, but there were difficulties with short-term memory.
Justice Gault ruled Mr Speller’s mental capacity at time of signing the 2015 will was adequate. He understood what he was signing. He was clear as to the extent of his assets. He understood terms of his will as his lawyer went through the document clause by clause.
Not so for the later wills. They were ruled invalid for lack of testamentary capacity.
With caregiver Michelle Campbell receiving half their father’s estate under the 2015 will, Mathew and Amanda claimed she had exerted undue influence in getting this benefit.
Evidence was given of Michelle dealing with Mr Speller in a forceful manner, dominating conversation together with allegations of her slapping him.
Mathew and Amanda lived at a distance. They spoke of difficulties in having any meaningful contact with their father.
Despite what Justice Gault described as Michelle’s ‘firm handling’ of Mr Speller through the years, he ruled no indications of undue influence could be inferred from evidence surrounding signature of the 2015 will.
Probate was granted for the 2015 will.
re Estate David John Spellers – High Court (16.05.24)
24.126