Erika Grace sues Seventh-Day Adventist Church, Pr Darrin Parker
A Moreton Bay woman alleges her church and its trust director did not give proper effect to her late husband’s wishes.
Moreton
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A Moreton Bay widow has launched a $370,000 claim against her church, alleging its director of trust services wrote the marital home out of her late husband’s will, providing her with only conditional life interest rather than full ownership.
Lawnton woman Erika Grace, 62, lodged the claim against Seventh-Day Adventist Church (South Queensland Conference) Ltd and Pastor Darrin Parker, the church’s Southeast Queensland Trust Services Director in the District Court of Queensland last month.
The claim centres on a residence at 22 Lorraine Ct, Lawnton, which was the marital home of Ms Grace and her late husband Geoffrey Lawrence Grace, who died on February 25, 2016, of oesophageal cancer.
According to Ms Grace’s claim, following his diagnosis, Mr Grace contacted Pr Parker, who lives at Burpengary, to assist in the preparation of his will.
A meeting was conducted on November 13, 2015, in which Mr Grace “instructed (Pr Parker) with words to the effect that ‘I want the house to go to Erika’,” the claim says.
No notes were made of this meeting and Pr Parker recommended he be an executor of the will, the claim says.
A second meeting was scheduled for December 10, 2015, with Ms Grace requesting Pr Parker attend on the residence no later than 2.30pm due to Mr Grace’s mental deterioration later in the day.
However, Ms Grace claims in court documents Pr Parker did not arrive until 6.30pm, did not read the will to Mr Grace and did not leave a copy for him to review.
Therefore, Mr Grace “was not afforded the opportunity to read the will” and “was unaware of the terms contained” therein, thus “(executing) the will in the mistaken belief it gave effect to his instructions”.
Instead, Ms Grace claims, the will contained “no devise in favour of the plaintiff” and instead “contained only a conditional life interest in favour of (Ms Grace) for the use, occupation and enjoyment of the house”.
Ms Grace is claiming $350,000 for the house and administrative costs.
The total value of the claim is $366,391.75.
Seventh-Day Adventist Church (South Queensland Conference) Ltd and Pr Parker are yet to respond to the claim.
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