Bachelor brothers’ $5m fortune
They were simple, working-class brothers who quietly amassed a small fortune. The surviving brother left the fortune to charity. But which charity? An unseemly stoush ensued. Martin van Beynen reports.
Tom and Lin. Their names were as simple as their lifestyle. The bachelor brothers lived together in a small, neat Riccarton flat in Christchurch and shared a car – a Suzuki Swift.
They shopped at Pak ‘N Save and their idea of luxury was dinner at the workingmen’s club and Sky TV. They still used dinner plates from their childhood. Lin did not drink although Tom liked a tipple.
Through careful living and canny investing, the painter and storeman built up a $5 million estate comprising shares and property.
Many New Zealand charities will now benefit, including the Heart Foundation, by several million dollars, and the Cancer Society, by close to $1 million.
The Heart Foundation wanted more and was prepared to go to court to get it.
Martin (Tom) Leo Williams, died aged 76 on March 23, 2016, of various conditions including cancer. He left his share of the fortune to brother Lindo (Lin) Arthur Williams, who died on June 25 last year, aged 81, from heart failure.
Their idea was to give most of the money to charity.
The transfer should have been straightforward but it turned messy
with the Heart Foundation challenging Lin’s final will.
Lin, a good cricketer and golfer in his day, left two wills. One, made in March 2010, left the residue of his estate to the National Heart Foundation. But after Tom died, Lin decided to change his will and by March last year a new will had been drafted by estate manager Danielle Coldicutt of law firm Cavell Leitch.
The new will made specific legacies to various charities. The Cancer Society was to receive $1 million. The National Heart Foundation got the residue of the estate, equivalent to several million dollars but not nearly as much as under the old will.
Coldicutt sent the draft to Lin’s house and followed up with phone calls. She couldn’t leave a message because the flat had no answerphone. Lin went into hospital in May and died there in June with the will unsigned.
Wills need to be signed and properly witnessed to be valid but the Wills Act allows the High Court to endorse an unsigned will if the deceased’s intention is expressed and they are mentally competent.
Lin’s lawyers applied to validate his second will and all affected were notified. The Cancer Society supported the application and the National Heart Foundation, which stood to miss out on a substantial sum due to the change in the second will, opposed it. A hearing was scheduled for June but the charities reached a confidential settlement which resulted in the Heart Foundation withdrawing its opposition. It is believed the Cancer Society gave some of its legacy to the Heart Foundation. Justice Gerald Nation then made an order declaring the second will valid.
The Williams’ Riccarton neighbour Judy Arnold, a nurse, described the brothers as true gentlemen of the old school. ‘‘They were lovely, gentle, courteous men. We knew they had the odd property but you would never know they were wealthy. They led such simple lives and never talked about money. Their home was really humble,’’ she said.
Tom was more outgoing than Lin and knew everything about the neighbourhood. Lin was more reserved but came out of his shell after Tom died, she said.
Lin’s close friend, Gary Martyn, said Lin was a low key, undemonstrative man who led a very ordinary life.
‘‘He had those old Kiwi moral standards and believed in sticking up for the underdog. I wish I could say he lived an exciting life but he was content with a routine, simple life.’’
Dealing in property and shares was more of a hobby than a business for the brothers, he said.
‘‘They liked to put their money to good use. We used to talk about the share market and the property market but Lin never said what he owned or anything like that.’’
The brothers were close but had their own interests and circle of friends.
Cousin Tom Neal, who lives in Atarau on the West Coast, said the brothers were good mates and as close as brothers usually were.
‘‘They were very private and reserved. Lin was more straitlaced than Tom,’’ he said. The two, who worked until they were in their 60s, were born in Long Bay, near Akaroa, and their father died when they were young. Tom worked as a storeman for National Can and Lin was a painter for the Canterbury Education Board.
Cancer Society chief executive Mike Kernaghan did not want to comment on the spat with the Heart Foundation but described the legacy as ‘‘brilliant’’.
‘‘We are so grateful for the generosity of New Zealanders. We get no government funding so we are reliant on the public. Bequests are a bonus. People are so generous to think of us,’’ he said.
Heart Foundation manager Alison Wheatley-Mahon said it would be inappropriate to speak publicly about private matters involving a personal estate.
‘‘The Heart Foundation is grateful to those charitable New Zealanders who decide to leave a lasting legacy which will help fund vital heart research and specialist training for cardiologists.’’