Bradley Dingle takes brother Lindsay to court over mother’s estate
A prominent Queensland cattle and competitive woodchopping family is fighting over their deceased mother’s estate with the Supreme Court handing down a decision about the executors of the will this week.
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A Queensland cattle and competitive woodchopping family is fighting over their deceased mother’s estate with the Supreme Court handing down a decision about the executors of the will this week.
Bradley Morris Dingle made an application to the court in relation to his brother, Lindsay Morris Dingle’s, status on the will due to his actions and allegations after their mother Myra Dingle’s death in August 2018.
Both were the only executors of her will and Bradley filed an application seeking Lindsay be removed as executor.
According to the decision handed down by Justice Graeme Crow in the Rockhampton Supreme Court on May 17, Mrs Dingle had instructed that her residence on Drummers Creek, Mt Perry, be sold and the proceeds divide among her five offspring.
There was a clause in the will allowing Lindsay to remain residing at the property for 12 months after her death, however, the court documents stated he remained in the house after that period.
“From this point on, Lindsay found himself in a position of conflict with his duty as the executor of the estate requiring him to ensure that the terms of the will were carried out, which required Lindsay to vacate the house, which he refused to do,” Justice Crow said in his decision.
The 33,781 hectare property was sold 3.5 years after Mrs Dingle’s death to Lindsay’s son, Clint Dingle, for $220,000.
The two brothers disagree on several matters including unaccounted vehicles and farm machinery including a Holden Rodeo, an Isuzu diesel truck, tractor attachments and a five tine ripper.
Court documents detailed allegations also included money owed by some siblings to the estate from a cattle sale in 2014 and accusations one took Mrs Dingle’s jewellery from her home in 2016.
Lindsay argued he should remain as an executor of the will, outlining five reasons including an allegation Mrs Dingle had been the victim of elder abuse by an unnamed carer which had left her penniless, and Lindsay and his wife, Tanya, had helped her.
He also argued Bradley and their other brother, Peter, were executors of their father, Morris’, estate and there had been irregularities.
“I would conclude that none of the matters raised by Lindsay are capable of overcoming the inherent difficulty Lindsay faces as being in a position of conflict with his duties as executor of his mother’s will and his own personal interest,” Justice Crow ruled.
“The due and proper administration of the estate of Mrs Dingle cannot occur while Lindsay is an executor of the estate.”