Grandmother ‘bullied’ to slash share of inheritance
Ending a bitter family dispute, two siblings have won an appeal alleging that their aunt had undue influence over their grandmother, saying she was ‘‘bullied’’ to change her will, so that the aunt’s family would receive 93.75% of a million dollar estate, and cutting the siblings’ share to just 6.25%.
Joan Gorringe, a sheep and cattle farmer, spent the final years of her life in a Mt Maunganui rest home, until she died in October 2019, aged 101, a Court of Appeal ruling published this month says. She had two children, Peter Gorringe, a Hamilton barrister, and Judith Pointon. Her original will, made in 2011, left her estate to be divided equally between Judith and Peter, with the proviso that should either of them die before her, then their own children would be entitled equally to their parent’s share as if that parent had been living at Joan’s death.
When Peter Gorringe, who had been managing his mother’s financial affairs, died suddenly in 2015 of an aneurysm, Joan Gorringe made a sudden and significant change to her will shortly after her son’s death, and again four months later. Peter’s children, Romiley and Ashley, saw that the changes made in the 2015 and 2016 wills inexplicably favoured the Pointon side of the family.
The 2015 will altered the original intention of the 2011 will, that in the event one of Joan’s children died – as Peter had – then Peter’s half should go to his children. The new 2015 will left the bulk of the estate to Judith, with just $50,000 each for Romiley and Ashley, along with Judith’s three children. The further amendment in 2016 will added another provision, that if Judith should also die before Joan, the bulk of the estate would pass to Judith’s husband, not the grandchildren.
After Joan’s death, Romiley and Ashley challenged Joan’s testamentary capacity, alleging undue influence by Judith concerning the 2015 and 2016 wills. Their claims were dismissed in March 2022.
On an appeal this month, Justice Brown agreed with the siblings that their grandmother had in fact been unduly influenced by their aunt Judith Pointon, in making the 2015 and 2016 wills which clearly favoured the Pointon family. The Court of Appeal had considered evidence in an affidavit from Ashley and Romiley recounting what happened when they visited their grandmother two days after their father Peter Gorringe’s funeral.
‘‘While we were there, she told us that she had been bullied by Judith into changing her will two days after finding out dad had died. We have since learned that it was Judith who made the call to arrange for the will to be changed. I recall very clearly that grandma said words to the effect that: ‘I’ve changed my will, Judy made me do it two days after your father died. I didn’t think that I
had a choice because I was scared if I didn’t do what she wanted she would stop helping me, and I’m completely dependent on her now with your father gone and you two living overseas. It is now divided between the five grandchildren and Judy.’
The revelation shocked the siblings, said Romiley.
‘‘Ashley and I were speechless and in shock. Ashley got up and walked out of the room. I just said, oh, and grandma continued: ‘Judy bullied me to do it. It is not what your grandfather and I wanted at all’.
‘‘I didn’t know what to say as it was such a shock on top of so much shock and loss already’’.
The pair did not know what to do, but asked advice from two legal friends of their father. The Court of Appeal judge noted that there had been no reason to change the 2011 will because as far as that will was concerned, it was clear that when Joan died, half should then go to Romiley and Ashley, because Peter had already died.
Having considered again all the circumstances, the judge ruled in favour of the siblings’ allegation of undue influence on Judith’s part. Both the 2015 and 2016 wills were declared invalid as they were ‘‘procured by undue influence’’.
The judge also ordered independent executors and trustees of Joan’s estate and granted probate of the 2011 will. The judge reserved his decision of the allocation of costs for a later date, asking both parties to make submissions on whether costs should be reimbursed from Joan’s estate.
CORRECTION: Peter Gorringe’s children, Romiley and Ashley, are female and male, respectively. An earlier version of this story incorrectly said Ashley was female (Amended March 23, 2023, 2.23pm).