Killer husband has no claim on estate
THE family of a Townsville woman killed by her husband have made sure her estate goes to her children.
Michael Geoffrey Hutchinson was jailed for 15 ½ years for the manslaughter of Julie Hutchinson last March.
He was initially charged with murder after Julie vanished from their Condon home in March, 2015. Her body has never been found.
Under Julie’s will, Hutchinson was to be the executor and sole beneficiary of her estate but Julie’s sister Christine Teitzel applied to the court to be named the executor and for Julie’s teenage sons to be the beneficiaries.
In the will, Julie had set out that if her husband “predeceased” her or did not survive her, Ms Teitzel would be executor and trustee and her sons would be the beneficiaries.
Solicitor Nicole Pearce took the application to court yesterday morning, where Justice David North made the order to make the requested changes.
The court was told Hutchinson had been served with legal documents but had not opposed the application regarding the will.
Justice North said Hutchinson was not entitled to take the benefit under the will, making the order “straightforward”.
“The reason for that is the ancient law of longstanding, repeatedly reinforced and applied in this jurisdiction and in other circumstances such as those applying under policies of life insurance and so forth that the law will not permit a person to benefit by reason of his or her crime,” he said.
“The common law does not tolerate that.”
Justice North said under law Hutchinson would require the written consent of the Public Trustee to defend the proceedings or any proceedings.
“The Public Trustee has cooperated with the solicitors for the applicant by causing the application and affidavit and other materials to be passed on to and served upon the respondent,” he said.
“The solicitors for the application had, prior to filing the application, taken the steps of seeking from the respondent formal renunciation of his rights, which would have served to potentially make the application even more straightforward.”
Justice North said Hutchinson had not renunciated his rights to the will but had indicated he would not appear or oppose the order.