The grieving relatives of two of the victims in the suspected death cap poisoning case have taken steps to settle their estates nearly a year after the tragedy.
The family of Don and Gail Patterson have officially petitioned the Supreme Court to probate their estate as their former daughter-in-law prepares to face trial.
The couple, both in their 70s, and Gail’s sister Heather Wilkinson, 66, died within days of eating a plate of Beef Wellington believed to contain poisoned mushrooms.
The lunch was allegedly prepared by Patterson’s former daughter-in-law, Erin Patterson, at her home in Leongatha, in Victoria’s Gippsland region, on July 29 last year.
Heather’s husband, Baptist church pastor Ian Wilkinson, 68, survived the alleged poisoning attempts, while Ms Patterson’s estranged husband pulled out of the lunch at the last minute.
Ms Patterson pleaded not guilty to murdering her in-laws and attempting to murder her ex-husband during a hearing in the LaTrobe Valley Magistrates Court in May.
She faces three counts of murder over their deaths and is also charged with five counts of attempted murder of her ex-husband Simon Patterson.
Nearly a year after the fatal lunch, Mr. and Mrs. Patterson’s family have decided to settle their estate by filing for probate. Herald of the Sun reported.
Don and Gail Patterson (pictured) died after eating a suspected poisoned meal at Erin Patterson’s home on July 29 last year.
He Supreme Court of Victoria The website defines probate as: “The process by which the court approves that the will is valid and that the executor(s) can act under the will.”
The website states: “When a person dies leaving assets in Victoria, usually the executor of the person’s will or next of kin (where there is no will) has to wind up the deceased’s affairs.”
The website adds that this usually involves collecting or gathering all of the deceased’s assets, paying off debts, and distributing the assets among the people entitled to them.
The executors listed in both of the couple’s wills are Nathan Patterson and Anna Terrington.
The wills are dated November 2, 2018, and are listed as “under review.”
It is common practice for the court to review an application, a probate lawyer told the Herald Sun.
To obtain a grant of probate, a petition for probate requires executors or administrators to file a series of documents with the Supreme Court.
Erin Patterson (pictured) pleaded not guilty in May to murdering her in-laws and attempting to murder her ex-husband.
These include the original will, a certified copy of the death certificate, a statement of the deceased’s assets and liabilities, and an affidavit.
After filing these documents, the court will usually grant probate or request more information from the executors.
Once succession has been granted, the executors can take care of the deceased’s assets.
The attorney said the nature of the Pattersons’ deaths would have delayed receiving the death certificate.
He added that determining the Pattersons’ assets could be another reason why probate was only filed nearly a year after their deaths.
“Often assets pass from one spouse to the other automatically after death,” the lawyer told the Herald Sun.
‘Therefore, determining which assets belonged to whom at which times may be the cause of additional delay.’
Erin Patterson remains behind bars and will return to court for an administrative hearing in August.