Lotto estate may be contested

Four children could be in line for a share of their estranged father’s ‘‘substantial’’ estate from a Lotto win.

Nelson man David Wayde Carson had no contact with his now-adult children since separating from their mother in 1974. He left them nothing in his will, gave instructions that no-one in his family be told about his death, and created a trust to use some of his money for cattle research.

The executors of Carson’s estate sought legal advice on their obligations to locate the children, and what information they were required to give.

However, before that question could be tested in the High Court at Nelson, a twist of fate led to the children discovering their father had died.

One of the man’s daughters tried to contact her late father to let him know a sibling had cancer. She found that he had died in 2015, and who the executor of his estate was.

A High Court judgement given by Justice Helen Cull reveals Carson had a ‘‘substantial’’ estate due to a Lotto win.

He had made a family trust which named his children as ‘‘discretionary beneficiaries’’. But the trust also has a number of other beneficiaries including Lincoln University, Carson’s stepchildren, grandchildren, spouses or partners of children or grandchildren, nephews and nieces.

It was Carson’s wish ‘‘the trust assets be retained and used in the furtherance of research and development of the Galloway breed of cattle’’.

After any gifts have been paid from his will, all his residuary estate passes to the trust, which was set up so members of his family could ‘‘benefit from the capital and income of the Trust from time to time’’.

His four natural children have no special entitlement in the trust above any other named beneficiary.

But because the estate hasn’t yet been transferred into the trust, the High Court judgement gives the children six months to decide whether to make a claim under the Family Protection Act.

The act allows family members to make claims if they consider a will hasn’t provided ‘‘adequate provision for the proper maintenance and support of the family members’’.

The High Court ruling states a full list of documents and information will be provided to Carson’s children, including a copy of his death certificate, copies of his will and probate, a list of his estate assets and liabilities, a copy of the deed establishing the trust, information about the trustees, and guidance that they should seek independent legal advice.

If no Family Protection Act proceedings have been filed six months after the children received the information, the estate can be transferred to the trust.

The executors have also been given the ability to have up to $1 million put in the trust so they may, at their discretion, provide financial support for the adultchild diagnosed with cancer. ‘‘They note that [she] may well elect in the future to make a claim against the estate, but in the meantime, funds should be expended to assist her, if required,’’ the judgement said.