Contempt charges loom in sibling row over mum’s will
A man is facing a jail stint after he failed to execute his mother’s final wishes. Now his sister is battling him over their mum’s $1 million estate and the court has issued a warrant for his arrest.
Law & Order
Don't miss out on the headlines from Law & Order. Followed categories will be added to My News.
A man is facing a stint behind bars over an ongoing dispute with his sister sparked by their deceased mother’s $1 million estate.
Carol Margaret Brown, died in 2015, leaving a will she had written 13 years earlier.
In it, she left her son Darren in charge of executing her final wishes.
But he has failed to do so and now faces a potential jail term after refusing to comply with orders of the Supreme Court.
The court this month issued a warrant for his arrest.
In her will, Mrs Brown bequeathed her coin collection and some shares to her son, and her stamp collection and a used car to her daughter Fay.
The rest of the estate — comprised of a million dollar Doncaster home and $25,000 in furniture, personal effects, and jewellery — was to be divided equally between the pair.
But now, more than four years after the Supreme Court granted probate of the will to Mr Brown, he has failed to make final distribution of the estate.
It has sparked a long-running Supreme Court battle with his sister, with Mr Brown refusing to follow court orders.
Copies of some of the orders posted to Mr Brown have been returned to sender marked “refused”.
In August last year, the court ordered Mr Brown file a true and just account of his administration of his mother’s estate.
It also warned that, if he didn’t do so, it would remove him as the executor of the will and hand control to his sister.
After failing to comply, despite being given extra time to do so, the court removed him as an executor and put his sister in his place.
But Mr Brown has refused to follow a court order that he hand over documents relating to the administration of the estate.
It prompted his sister to initiate contempt proceedings.
Mr Brown defied an order by the court that he appear at those proceedings.
Justice Steven Moore said he was satisfied Mr Brown was aware of the proceedings and all previous orders of the court.
MORE NEWS
DOOR-KICKING MP’S DRUGS, BOOZE STRUGGLE
TEACHER USED CHILD PORN, DRUGS TO UNWIND
WHY EXPERTS WANT YOUTH JUSTICE OVERHAULED
He found a “clear prima facie case of contempt” against Mr Brown had been established and warned he faced the prospect of going to jail.
“Although the court could determine the contempt … it is well established that it is highly desirable that the respondent to an alleged contempt be before the court to answer it,” he said.
“This is so because of … the possibility that the punishment for contempt may involve the loss of liberty.”