Author: Catrin Owen

A sibling spat has seen a woman's will "depleted by continual litigation", with more than $300,000 being spent on legal fees.

Valerie Geard died in March 2006 after appointing her brother Graeme and sister-in-law Adrienne Harrison to be the executors and trustees of her will. She also made specific bequests in favour of her husband David Geard and her sister Pauline Harrison.

Another brother, Malcolm Harrison, was the intended primary beneficiary of a trust set up in Geard's name. He died in November 2007.

Since then, Pauline Harrison has brought multiple court cases against Graeme and Adrienne Harrison, claiming they have breached their obligations as trustees.

More than half of the proceeds from the sale of a Waiheke Island home have been spent on lawyers' fees

An earlier attempt to sue them failed and she was ordered to pay them nearly $4000 in legal costs. 

In the most recent court case, Graeme and Adrienne Harrison applied to the High Court at Auckland for the funds held in the trust to be distributed and for the trust to be wound up. 

In a judgment released on Tuesday, Justice Timothy Brewer approved their request.

He directed $20,000 be distributed to Geard's widower and for the assets were to be paid in three equal parts: One to Graeme Harrison, one to Pauline Harrison and one to the children of another late brother, Brian Harrison.

Justice Brewer also found the trust was entitled to further court costs from Pauline Harrison, who was bankrupt. The costs were to come out of her share of the trust, he said.

Justice Timothy Brewer found Pauline Harrison's claims against her brother and sister-in-law were unfounded

Graeme and Adrienne Harrison's lawyers also sought an order barring Pauline Harrison from ever bringing another civil proceeding against them in relation to the trust.

Earlier, the court heard the trust had sold a property on Auckland's Waiheke Island for $680,000, with the proceeds being put into the trust account.

However, the couple had been forced to spend nearly half of the proceeds – more than $300,000 – on lawyer's fees.

The court also heard Pauline Harrison had an "aggressive and obsessive attitude" and that her allegations against her brother and sister-in-law were "wide-ranging, unfocused, exaggerated and inherently implausible".

She had accused the couple of "filthy greed and fraud", including transferring funds from the trust account into another account for their own use.

Justice Brewer found there was no basis to those allegations.

The couple had acted "properly and carefully and in conditions of great difficulty owing to Ms Pauline Harrison's hostility", he said.

The trust account needed to be wound up as Geard's last wishes were being "frustrated" by her sister's continued litigation, he said.

Article: https://www.stuff.co.nz/business/118638416/siblings-spend-300k-in-legal-fees-in-spat-over-dead-sisters-will
:
Note from Nighthawk.NZ:

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive
 
Powered by OrdaSoft!