Linda Rose Sullivan contests mother’s will in court

The daughter of a Queensland woman has lost a trial contesting her mother’s will, claiming it was “forged”, the day before she lost her battle with brain cancer.

Janita Sullivan died on November 16 2021, aged 59.

A Supreme Court has rejected an “estranged” daughter’s claims that her mother’s signature was forged and she lacked mental capacity when she wrote her will.

Linda Rose Sullivan, 42, made an application to the court to contest her mother Janita Sullivan’s will which left her estate worth about $71,000,000 to her best friend of 36 years Valarie Greig.

According to court documents Ms Sullivan was written out of her mother’s will one day before her death at the age of 59 on November 16, 2021, following a battle with metastatic brain cancer.

Judge Frances Williams found Ms Sullivan’s relationship with her mum was at best “strained” and at worst “estranged”.

Court documents state their last physical contact was in 2017.

In 2017, Ms Sullivan told Ms Greig that her mother was “not good for my mental health and I am cutting her off,” the court was told.

Ms Greig’s barrister from Shine Lawyers presented text messages to the court that Ms Sullivan sent to her mum in December 2019 which stated “I don’t want your money nor do I want any of your assets”.

“Take me out of your will – it’s no skin off my nose. I’m not the one who is missing out.”

The court heard Ms Sullivan’s relationship with her mother was “strained”and their last physical contact was in 2017.

A friend and former real estate agent for Janita, Julie Saunders, gave evidence that from September 2021 – when Janita was diagnosed with cancer – they had discussed making a will on at least six occasions.

Ms Saunders said on each occasion Janita said she “wanted to leave everything to Val”.

Woman faces 148 drug supply, trafficking, possession charges

Ms Saunders said she recalled that on November 10, 2021, Ms Sullivan was alert and rational.

“She recognised me. There was no vagueness in her speech. She had no sign of wandering thoughts. I had no difficulty in having her understand me. I had no difficulty understanding her,” Ms Saunders said.

Court documents state Janita was admitted to Nanango Hospital on November 13, 2021, after she suffered a stroke.

Janita signed her Will choosing Ms Greig as the executor and beneficiary on November 15, 2021, one day before her death.

Why this Men’s Shed is the first in Qld to let women in

The court heard Janita contacted Kingaroy solicitors J A Carrol to assist with administration of the Will, and Ms Greig was informed she was named as both executor and sole beneficiary of her assets.

Judge Williams said he accepted the evidence of Ms Saunders and another witness as they had no financial interest in this case.

“The applicant (Ms Sullivan) presented no direct evidence disputing the authenticity of the deceased’s signature on the will,” Judge Williams said.

“The applicant’s contention that the deceased’s signature on the will is a forgery must fail.

“In respect of the ability to understand that a will was being made, the respondent submits that there is ample evidence on the morning of 15 November 2021 that the deceased was aware that she was engaging in the act of making a will.”

The estate and funds were granted to Ms Greig.

Janita left behind a five bedroom property on Beitzel Road, South Nanango, with the entire estate worth approximately $71,094.48.

Originally published as Linda Rose Sullivan contests mother’s will in court