A High Court order removed Annie Cameron from control of her de facto spouse’s estate after allegations she left the estate insolvent by drawing down funds without paying estate debts. Wellington lawyer Bryce Williams was appointed to investigate.
Children of the late Thomas Southgate allege Annie hopelessly mixed up the assets of their late father and his family trust.
Annie is sole beneficiary of Thomas Southgate’s estate. He was her de facto spouse. Thomas died in 2024.
Her claim to also be a beneficiary of his 2002 family trust is disputed. Thomas’ children Janene and Todd are named beneficiaries.
It is claimed Thomas Southgate’s estate owes his family trust some $220,000.
The High Court was told the 2002 family trust was set up to benefit Thomas Southgate’s children and grandchildren.
His home on Convent Road in Otaki was transferred to the Trust.
The following year Thomas met Annie. She joined him at Convent Road.
Convent Road was sold by the Trust in 2005, to Thomas and Annie as joint owners.
Trust beneficiaries say no money changed hands. They say the purchase price was left as a debt owed the Trust; a debt which has never been repaid, they claim.
The High Court was told the Trust as at March 2023 had assets totalling nearly $940,000, of which $220,000 is an estate debt owed the Trust.
Since Thomas Southgate’s death in 2024, his children have been unable to get clear answers from Annie about payments and withdrawals made through both the Trust’s and the Estate’s bank accounts.
The Estate currently holds about $25,000 cash. It is insolvent, unable to repay $220,000 owed the Family Trust, trust beneficiaries Janene and Todd allege.
In the High Court, Justice Grau said an inherent conflict of interest exists.
Annie, as executor of the Thomas Southgate estate, is being asked to account for her actions. At the same time, she is being asked to account for her disputed involvement in Trust financial activities when it is claimed the Estate owes the Trust $220,000.
Independent oversight is required, Justice Gau ruled.
Lawyer Bryce Williams was appointed administrator of Thomas Southgate’s estate, given authority to uplift the will and to investigate prior estate transactions.
Janene and Todd were critical of Annie’s obstructive behaviour, forcing a court application for her removal. In the end, Annie did not appear in court to challenge the need for an independent investigation.
re Estate Thomas Edrich Southgate – High Court (17.07.25)
25.163